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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

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http://www.archive.org/details/briefexpositionoOOhartrich 


BRIEF  EXPOSITION 


O?   THE 


CONSTITUTION 


OF 


THE  UNITED  STATES 


FOR  THF,  USE  OF 


COMMON    SCHOOLS. 


BY  JOHN  S.  HART,  LL.D., 

PRINCIPAL   OF  THE   PHILADELPHIA    HIGH   SCHOOL,   AND   PROFESSOR    OF   MORAL, 
MENTAL     AND   POLITICAL    SCIENCE   IN   THE   SAME. 


PHILADELPHIA: 
PUBLISHED   BY   E.    H.    BUTLER  &   CO. 

1860. 


{  Chamber  of  the  Controllers  of  Public  Schools, 
\  First  School  District  of  Pennsylvania. 

Philadelphia,  December  12,  1849. 
At  a  meeting  of  the  Controllers  of  Public  Schools,  First  District  of  Penn 
sylvania,  held  at  the  Controllers'  Chamber,  on  Tuesday,  December  11 
1849,  the  following  Resolution  was  adopted  : — 

Resolved,  That  Hart's  Constitution  of  the  United  States  be  introduced 
as  a  Class-Book,  into  the  Grammar  Schools  of  the  District. 

R.  J.  HEMPHILL.  Secretary. 


Entered  according  to  act  of  Congress,  in.  the  year  1845,  by 

BUTLER   &    WILLIAMS, 

in  the  Office  of  the  Clerk  of  the  District  Court  of  the  United  Statw 

in  and  for  the  Eastern  District  or  Pennsylvania. 


EDUCATION  ENEWk 


B .  M.  DUSENBEWY,  STEREOTYPER. 
C.  SHERMAN,  PRINTER, 


PREFACE. 


Every  man  in  this  country  who  holds  office,  whether  Execu* 
cutive,  Judicial  or  Legislative,  whether  under  the  National  Go- 
vernment or  any  of  the  State  Governments,  is  bound  by  oath  to 
support  the  Constitution  of  the  United  States.  Every  one  of  the 
more  than  two  millions  who  are  now  entitled  to  vote,  is  called 
upon  to  decide  questions  of  Constitutional  law,  as  really  and 
truly  as  is  the  Supreme  Court  of  the  United  States.  But  how 
many  of  all  that  number  have  ever  read  the  Constitution  ]  In 
what  proportion  of  our  Colleges,  Academies,  or  Common  Schools 
is  it  studied  1  In  what  system  of  education,  whether  public  or 
private,  in  any  part  of  the  country,  is  a  knowledge  of  the  Consti- 
tution of  the  country  made  a  requisite  for  graduation,  or  for 
admission  from  a  lower  school  to  a  higher  one  1  Ask  a  number 
of  boys  at  school  almost  any  reasonable  question  in  Geography  or 
History,  and  you  will  see  dozens*  ready  to  reply  without  a 
moment's  hesitation.  But  ask  thlm  what  will  be  necessary, 
when  they  grow  up,  to  entitle  them  to  vote,  what  constitutes 
citizenship,  what  rights  a  citizen  of  one  State  has  in  another 
State,  or  any  other  simple  and  obvious  question  in  regard  to  the 
Constitution  of  their  country,  and  you  will  be  met  with  a  pro- 
found silence.  And  is  not  a  knowledge  of  his  immediate  per- 
sonal rights  and  duties  quite  as  important  to  the  young  American, 
as  to  be  acquainted  with  a  long  catalogue  of  dead  kings  or 
distant  cities? 

The  main  reason  why  the  study  of  the  Constitution  has  nevei 
vet  been  made  a  branch  of  Common  School  education  is  believed 

(3) 

541190 


!V  PREFACE. 

to  be  an  entire  misapprehension  in  regard  to  the  nature  and 
difficulty  of  the  study.  There  are,  it  is  true,  not  a  few  passages 
in  the  Constitution,  the  proper  construction  of  which  has  given 
rise  to  much  discussion  ;  and  there  are  many  nice  points  arising 
out  of  its  more  obvious  provisions,  requiring  for  their  solution 
great  natural  abilities  and  profound  legal  erudition.  But  it  is 
still  true,  that  the  great  majority  of  its  clauses  are  as  intelligible, 
and  as  easily  remembered  as  most  of  the  studies  which  now  make 
an  essential  part  in  every  system  of  education.  What  difficulty 
is  there  in  a  boy's  learning  that  a  Representative  is  chosen  for 
two  years,  while  a  Senator  is  chosen  for  six,  that  a  Representa- 
tive must  be  twenty-five  years  old,  while  a  Senator  must  be 
thirty,  to  know  what  body  has  the  power  to  impeach,  and  what 
the  power  to  try  impeachments,  in  short  to  understand  and  recol- 
lect nine  out  of  ten  of  all  the  provisions  of  the  Constitution  1  Is 
it  one  whit  more  difficult  than  to  comprehend  and  recollect  the 
various  details  of  Geography  and  History,  to  give  off-hand  the 
position  of  Timbuctoo  or  the  Tagus,  or  to  know  in  what  year 
Rome  was  founded  or  Caesar  slain  ? 

The  plan  pursued  in  this  little  book  is  in  accordance  with  the 
views  here  suggested.  There  has  been  no  attempt  to  discuss 
knotty  political  questions,  or  to  speculate  upon  abstract  theories 
of  government,  but  simply  to  present  the  Constitution  itself,  with 
such  questions  and  answers,  as  might  direct  the  attention  of  the 
learner  to  its  plain  and  obvious  meaning.  The  Constitution  pro- 
vides for  the  duties  and  rights  of  every  day  life,  and  is  written  in 
simple  language  almost  entirely  free  from  technical  and  profesv 
sioual  expressions.  Is  there  any  reason  why  children  capable  of 
learning,  and  teachers  capable  of  teaching  History  and  Geogra 
phy,  might  not  intelligently  study  and  teach  all  its  material  facts 
and  provisions,  as  they  are  here  presented  1 


CONTENTS. 


INTRODUCTION.— Colonial  Governments, p.  13.  Continental  Con. 
gross,  p.  14.    Articles  of  Confederation,  p.  15. 

PREAMBLE.— Objects  of,  p.  15.    General  Principles,  p.  16. 

ARTICLE  I. — Legislative  Department. 

Section  I.  Congress  in  general,  p.  17. 

Section  II.  House  of  Representatives :  Clause  1.  Organization  of 
the  House,  p.  17.  Clause  2.  Qualifications  of  Representa- 
tives, p.  18.  Clause  3.  Apportionment  of  Representatives,  p. 
19.  Clause  4.  Vacancies,  p.  23.  Clause  5.  Officers,  and 
power  of  Impeachments,  p.  23. 

Section  III.  Senate :  Clause  1.  Organization  of  Senate,  p.  24. 
Clause  2.  Classification  and  Vacancies, p.  25,  Clause  3.  Quali- 
fications, p.  26.  Clause  4.  Presiding  Officers,  p.  27.  Clause 
5.  Other  Officers,  p.  27.  Clause  6.  Trial  of  Impeachments, 
p.   28.      Clause  7.    Judgment  in  Impeachments,  p.  29. 

Section  IV.  Both  Houses:  Clause  1.  Election  of  Members,  p.  30 
Clause  2.  Meeting  of  Congress,  p.  31. 

Section  V.  The  Houses  separately :  Clause  1.  Contested  Seats,  Quo- 
rum, Powers  of  a  Minority,  p.  31.  Clause  2.  Rules  ot 
Proceeding,  &c,  p.  32.  Clause  3.  Journal,  Yeas  and  Nays,  p. 
33.     Clause  4.    Power  of  Adjournment,  p.  34. 

Section    VI.    Privileges   and   Disabilities  of  Members :     Clause  1. 
Compensation  of  Members,  p.  34.     Freedom  from  Arrest,  p 
35.     Freedom  of  Speech,  p.  35.      Clause  2.  Disqualifications 
of  Members,  p.  36. 
1#  (5) 


VI  CONTENTS. 

Section  VII.  Mode  of  Passing  Laws:  Clause  1.  Revenue  Bills, 

p.  37.    Clause  2.  The  President's  Veto,  p.  38.     Second  Pas- 

sage  of  a  Bill,  p.  39.     Clause  3.  Other  Resolutions  besides 
Bills,  p.  41. 

Section  VIII.  Powers  Granted  to  Congress :  Clause  1.  Laying 
Taxes,  p.  42.  Clause  2.  Borrowing  Money,  p.  44.  Clause 
3.  Regulating  Commerce,  p.  44.  Clause  4.  Naturalization 
and  Bankruptcy,  p.  45.  Clause  5.  Coinage,  Weights  and 
Measures,  p.  47.  Clause  6.  Punishment  of  Counterfeiting, 
p.  47.  Clause  7.  Post  Office,  p.  47.  Clause  8.  Copyrights  and 
Patent  Rights,  p.  48.  Clause  9.  District  Courts,  p.  48.  Clause 
10.  Piracy,  p.  49.  Clause  11.  Declaration  of  War,  p.  49. 
Clause  12.  The  Army,  p.  50.  Clause  13.  The  Navy,  p.  51. 
Clause  14.  Rules  for  Army  and  Navy,  p.  51.  Clause  15.  The 
Militia,  p.  51.  Clause  16.  Organization  of  do.,  p.  52.  Clause 
17.  Seat  of  Government,  Dockyards,  &c,  p.  52.  Clause  18. 
General  Power,  p.  53. 

Section  IX.  Powers  Denied  to  the  United  Si ates :  Clause  1.  Im- 
portation of  Slaves,  p.  54.  Clause  2.  Writs  of  Habeas 
Corpus,  p.  54.  Clause  3.  Bills  of  Attainder,  ex  post  facto 
laws,  p.  55.  Clause  4.  Direct  Taxes,  p.  56.  Clause  5.  Ex- 
port  Duties,  &c,  p.  56.  Clause  6.  The  Treasury,  p.  57. 
Clause  7.  Titles  of  Nobility,  &c,  p.  57. 

Section  X.  Powers  Denied  to  the  States:  Clause  1.  Treaties, 
Coinage,  &c,  p.  58.  Clause  2.  Duties,  Army,  Navy,  &c., 
p.  59. 

ARTICLE  II.  Executive  Department. 

Section  I.  President  and  Vice-President :  Clause  1.  Term  of 
Service,  &c,  p.  61.  Clause  2.  Presidential  Electors,  p.  62. 
Clause  3.  Mode  of  choosing  President  and  Vice-President,  p. 
63.  Amendment  to  Article  XII.,  p.  63.  Clause  4.  Time 
of  Choosing  Electors,  p.  69.  Clause  5.  Qualifications  for  the 
Presidency,  p.  70.  Clause  6.  Vacancy  in  do.,  p.  71.  Clause 
7.  Compensation  of  the  President,  p.  71.  Clause  8  and  9. 
Oath  of  Office,  p.  72. 

Section  II.  Powers  of  the  President:  Clause  1.  Commander-in- 
in-Chief  Pardoning  Power,  &c,  p.  73.     Clause  2.     Treaties, 


CONTENTS.  Vll 

Appointment  of  Officers,  &c.,  p.  74.    Clause  3.  Power  to  fill 
Vacancies,  p.  75. 
Section  III.     Duties  of  the  President :    Messages  to  Congress,  p.  76. 
Extra  Sessions,  p.  77.     Adjournment,  &c,  p.  77. 

Section  IV.  Impeachment  of  the  President,  SfC. :  The  Officers  liable 
to  Impeachment,  p.  78.     Penalty,  p.  78. 

ARTICLE  III.  Judicial  Department. 

Section  I.  United  States  Courts :  Supreme  Courts,  p.  79.  District 
Courts,  do.     Tenure  of  Office,  p.  80. 

Section  II.  Jurisdiction  of  the  United  States  Courts:  Clause  1.  Ex- 
tent of  Jurisdiction,  p.  80.  Amendment,  Article  XI.,  p.  83. 
Clause  2.  Jurisdiction  of  the  Supreme  Court,  p.  83.  Clause 
3.  Mode  and  Place  of  Trial,  p.  84. 

Section  III.  Treason:  Clause  1.  Definition  of  Treason,  p.  85.  Proof 
of  Treason,  p.  86.     Clause  2.    Punishment  of  Treason,  p.  86. 

ARTICLE  IV. 

Section  I.  State  Records :  Credit  of  State  Records,  p.  88. 

Section  II.  Privileges  of  Citizens,  Sec:  Clause  1.  Rights  of  Citizen- 
ship, p.  88.  Clause  2.  Restoration  of  Criminals,  p.  88.  Clause 
3.  Restoration  of  Slaves,  p.  89. 

Section  III.  New  States  and  Territories :  Clause  I.  Admission  of 
New  States,  p.  89.     Clause  2.  Government  of  Territories,  p.  90. 

Section  IV.  Guarantee  to  the  States :  Guarantee  of  Republican  Go- 
vernment, p.  91.     Protection  against  Invasion,  &c,  p.  91. 

ARTICLE  V.  Power  op  Amendment. 

Necessity  of  such  a  Power,  p.  92.  Mode  of  Making  Amendments, 
p.  93.     Limitation  to  the  Power  of  Amendment,  p.  94. 

ARTICLE  VI.  Public  Debt,  &c. 

Clause  1.  Assumption  by  the  United  States  of  the  Debts  of  the  Con 
federation,  p.  94.  Clause  2.  Supremacy  of  the  Constitution 
Laws  and  Treaties  of  the  United  States,  p.  95.  Clause  3.  Oat! 
of  Office,  p.  95.     Religious  Tests,  p.  95. 

ARTICLE  VII.  Ratification  of  the  Constitution. 

Mod':  of  Ratifying  the  Constitution,  p.  9G. 


Vlll  CONTENTS. 

AMENDMENTS  TO  THE  CONSTITUTION. 

Nature  of  the  first  ten  of  the  Amendments,  p.  98. 

Article  I.  Freedom  of  Religion,  fyc:  Freedom  of  Religion,  p.  97 
Freedom  of  Speech,  and  of  the  Press,  p.  97. 

Article  II.  Right  to  bear  Arms:  Right  to  bear  Arms,  p.  98. 

Article.  III.  Quartering  Soldiers  on  Citizens :  Origin  of  this  pro- 
vision, p.  98. 

Article  IV.  Search  Warrants:  The  right  to  be  free  from  unreason 
able  searches,  p.  98. 

Article  V.  Trial  for  Crimes.  SfC. :  The  Grand  Jury,  p.  98.  Mode 
of  Making  Indictments,  p.  99.    Courts-Martial,  p,  99. 

Article  VI.  Rights  of  Accused  Persons:  Right  of  Trial  by  Jury,  &c. 

p.  99. 
Article  VII.  Suits  at  Common  Law:  Right  of  Trial  by  Jury,  in 

Civil  Suits,  p.  100. 
Article  VIII.  Excessive  Bail:  Origin  of  this  provision,  p.  100. 
Articles  IX.  X.  Mode  of  construing  the  Constitution,  p.  100. 
Article  XI.,  XII.  p.  100. 


CONSTITUTION 


OF   THE 


UNITED     STATES. 


INTRODUCTION. 

1.  What  kind  of  government  existed  in  the  American  Colomet 
prior  to  the  Revolution  ? 

A  Colonial  Government. 

2.  What  three  forms  of  colonial  government  were  there  ? 

The  Provincial,  Proprietary,  and  Charter  Govern- 
ments. 

3.  What  were  the  Provincial  Governments  ? 

The  Provincial  Governments  were  those  under  the 
immediate  control  of  the  King  of  Great  Britain. 

4.  What  were  the  Proprietary  Governments  ? 

The  Proprietary  Governments  were  those  undei 
the  immediate  control  of  Proprietaries,  who  received 
grants  to  that  effect  in  letters  patent  from  the  King. 

5.  What  were  the  Charter  Governments  ? 

The  Charter  Governments  were  those  under  the 
immediate  control  of  the  King,  but  having  certain  im- 
portant political  rights  secured  to  them  by  charter. 

6.  What  Colonies,  at  the  time  of  the  Revolution,  were  under  Pro- 
vincial Governments  ? 

New  Hampshire,  New  York,  New  Jersey,  Virginia, 
North  Carolina,  South  Carolina,  and  Georgia. 

7.  What  Colonies  were  governed  by  Proprietaries  at  the  com- 
mencement of  the  Revolution? 

2  (") 


14;  CO>S  CITATION   ,OF    THE    UNITED    STATES. 

Pennsylvania,  Delaware,  and  Maryland. 

8.  What  Colonies  were  under  Charter  Governments  at  the  time 
of  the  Revolution  ? 

Massachusetts,  Connecticut,  and  Rhode  Island. 

9.  When  was  a  general  convention  of  delegates  from  the  several 
Colonies  first  called  ? 

In  September,  1774. 

10.  What  was  this  Convention  called  ? 

The  Continental  Congress. 

11.  What  important  state  » paper  did  the  first  Continental  Con- 
gress prepare  ? 

The  Bill  of  Rights. 

12.  When  did  the  next  Congress  assemble  ? 
In  May,  1775. 

13.  What  decisive  step  did  they  take  ? 

They  declared  the  united  colonies  independent. 

14.  When  was  the  Declaration  of  Independence  adopted  ? 

On  the  4th  of  July,  1776. 

15.  What  powers  were  assumed  by  the  Continental  Congress  ? 

They  assumed  all  the  powers  of  sovereignty  neces- 
sary to  maintain  the  safety  and  independence  of  the 
united  colonies. 

1 6.  What  was  the  character  of  these  powers  ? 

They  were  revolutionary. 

17.  How  is  the  exercise  of  these  powers  by  the  Continental  Con- 
gress justified  from  the  charge  of  usurpation  ? 

The  exercise  of  these  powers  was  required  by  the 
necessity  of  the  case,  and  was  acquiesced  in  by  the 
people. 

18.  How  long  did  the  Continental  Congress  continue  to  be  the 
National  Government? 

Until  March,  1781,  near  the  close  of  the  Revolution- 
ary War. 

19.  WThat  frame  of  government  was  then  adopted  7 


INTRODUCTION.  15 

The  Articles  of  Confederation. 

20.  What  was  the  great  defect  in  the  Articles  of  Confederation  ? 

The  want  of  sufficient  power  in  the  General  Govern 
ment. 

21.  When  did  the  present  Constitution  go  into  operation? 

In  September,  1788. 

22.  What  is  the  introductory  paragraph  of  the  Constitution  called  ? 

The  Preamble.  *0* 

THE  PREAMBLE. 

"We,  the  People  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defence,  promote  the  gene- 
ral welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitution 
for  the  United  States  of  America" 

23.  What  is  the  main  object  of  the  Preamble  ? 

The  main  object  of  the  Preamble  is  to  set  forth  the 
purposes  for  which  the  Constitution  was  adopted. 

24.  What  were  the  purposes  for  which  the  Constitution  was  or- 
dained and  established  ? 

1st,  To  form  a  more  perfect  union;  2d,  To  establish 
justice ;  3d,  To  insure  domestic  tranquillity ;  4th,  To 
provide  for  the  common  defence;  5th,  To  promote  the 
general  welfare ;  and  6th,  To  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity. 

25.  Why  is  this  part  of  the  Preamble  important? 

Because  the  purposes  for  which  the  Constitution  was 
adopted  form  a  valuable  aid  in  interpreting  its  princi- 
ples. 

26.  What  else  is  contained  in  the  Preamble  ? 

It  sets  forth  the  parties  who  established  the  Consti 
•  lUion. 

27.  Who  are  declared  in  the  Preamble  to  have  established  the 
Const*  tution  ? 


16  CONSTITUTION    OF   THE   UNITED    STATES. 

The  people  of  the  United  States. 

,  28.  How  does  the  Constitution  compare  in  this  respect  with  the 
articles  of  Confederation  ? 

,  The  Articles  of  Confederation  emanated  from  the 
States;  the  Constitution  of  the  United  States  emanated 
directly  from  the  People. 

29.  Why  is  this  part  of  the  Preamble  important? 

Because  it  shows  the  authority  upon  which  the  Con- 
stitution rests. 

GENERAL  PRINCIPLES. 

30.  Into  how  many  departments  is  the  government  of  the  United 
States  divided  ? 

Into  three  ;  —  Legislative,  Executive,  and  Judicial 

31.  What  is  the  Legislative  power  ? 

The  power  which  makes  the  laws. 

32.  What  is  the  Executive  power  ? 

The  power  which  carries  the  laws  into  effect. 

33.  What  is  the  Judicial  power! 

The  power  which  interprets  the  laws. 

34.  What  may  be  remarked  in  regard  to  this  separation  of  the 
powers  of  Government  ? 

It  is  indispensable  to  the  existence  of  good  govern- 
ment. 

35.  What  kind  of  government  is  that  in  which  these  powers  are 
all  vested  in  the  same  hands  ? 

It  is  an  absolute  government,  or  despotism. 

36.  Why  is  such  a  government  dangerous  ? 

Because  it  gives  no  security  against  the  abuse  of 
power. 

37.  To  what  do  the  three  main  articles  of  the  Constitution  relate? 

To  the  distribution  of  the  powers  of  government 
among  the  three  departments,  the  Legislative,  the 
Executive,  and  the  Judicial. 


LEGISLATIVE    DEPARTMENT.  17 

38.  To  what  docs  Article  I.  relate  ? 

To  the  Legislative  Department. 

£  m 

ARTICLE  I.  The  Legislative  Department. 
Section  I.  Congress  in  general. 

"All  legislative  poivers  herein  granted,  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist  of 
a  Senate  and  House  of  Representatives." 

39.  To  what  does  this  section  relate  ? 

To  the  establishment  of  the  National  Legislature. 

40.  In  what  body  are  the  legislative  powers  of  the  United  States 
vested  ? 

All  Legislative  powers  granted  in  this  Constitution 
are  vested  in  a  Congress  of  the  United  States. 

41.  Of  what  does  the  Congress  of  the  United  States  consist? 

Of  a  Senate  and  House  of  Representatives. 

42.  "What  advantage  is  there  in  dividing  the  legislative  body  into 
two  branches  ? 

The  two  Houses  of  Congress  act  as  a  check  upon 
each  other. 

43.  Repeat  Section  I. 

Section  II.  House  of  Representatives. 
Clause  I.  "  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  people 
of  the  several  States,  and  the  electors  in  each  State  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  legislature" 

44.  To  what  does  this  clause  refer  ? 

To  the  organization  of  the  House  of  Representa 
tives. 

45.  How  often  are  the  members  of  the  House  of  Representatives 
chosen  ? 

2* 


18  CONSTITUTION    OF   THE    UNITED    STATES. 

Every  second  year. 

46  Why  is  a  comparatively  short  term  of  service  fixed  for  the 
House  of  Representatives  ? 

That  they  may  come  more  frequently  and  more 
directly  under  the  supervision  of  popular  opinion. 

47.  By  whom  are  they  chosen  ? 

By    the    People  of  the  several  States. 

48.  What  qualifications  are  requisite  to  enable  a  citizen  in  any 
State  to  vote  for  members  of  the  National  House  of  Representatives  ? 

The  same  qualifications  which  are  necessary  to 
enable  him  to  vote  for  the  most  numerous  branch  of 
the  State  legislature. 

49.  Repeat  the  words  of  Clause  I. 

Clause  II.  "No  person  shall  be  a  Representative,  who 
shall  not  have  attained  the  age  of  twenty-jive  years,  and 
been  seven  years  a  citizen  of  the  United  States,  and  ivho 
shall  not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen." 

50.  To  what  does  this  clause  relate? 

To  the  qualifications  of  the  Representatives. 

51.  How  old  must  a  Representative  be  ? 

No  person  shall  be  a  Representative,  who  shall  not 
have  attained  the  age  of  twenty-five  years. 

52.  How  long  must  he  have  been  a  citizen  of  the  United  States  ? 

Seven  years. 

53.  What  is  necessary  in  regard  to  residence  ? 

He  must,  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  is  chosen. 

54.  Repeat  the  words  of  Clause  II. 

Clause  III.  "  Representatives  and  direct  taxes  shall  be 
apportioned  among  the  several  States  which  may  be  inclu* 


HOUSE    CF    REPRESENTATIVES.  19 

ded  within  this  Union,  according  to  their  respective  num- 
bers, which  shall  be  determined  by  adding  to  the  whole 
number  of  fret  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall 
be  made  within  three  years  after  the  first  meeting  <f  the 
Congress  of  the  United  States,  and  ivithin  every  subsequent 
term  of  ten  years,  in  such  manner  as  they  shall  by  law  di- 
rect. The  number  of  Representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  State  shall  have  at  least 
one  Representative ;  and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and  Pro- 
vidence  Plantations  one,  Connecticut  five,  New  York  six, 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Ma- 
ryland six,  Virginia  ten,  North  Carolina  five,  South  Ca- 
rolina five,  and  Georgia  three. 

55.  To  what  does  this  clause  relate  ? 

To  the  Apportionment  of  Representatives  and  direct 
taxes  among  the  States. 

56.  In  what  manner  are  Representatives  and  direct  taxes  appoi 
tioned  among  the  several  States  ? 

According  to  their  respective  numbers. 

57.  In  determining  the  number  to  be  represented  in  the  different 
States,  are  any  counted  besides  free  persons  ? 

Yes. 

•58.  Who  are  meant  by  "those  bound  to  service  for  a  term  of 

y   -rs?" 

Apprentices. 

59.  What  is  provided  in  regard  to  apprentices  ? 

They  are  included  in  the  number  of  free  persons. 

60.  What  is  provided  in  regard  to  Indians  ? 

Indians  not  taxed  are  to  be  excluded  from  the  num- 
ber of  free  persons. 


20  CONSTITUTION    OF    THE    UNITED    STATES. 

61.  How  then  is  the  whole  number  of  free  persons  to  be  obtained  ? 

By  including  in  that  number  apprentices,  and  ex- 
cluding Indians  not  taxed. 

62.  When  the  whole  number  of  f-ee  persons  is  thus  ascertained, 
what  must  be  added  in  order  to  determine  the  number  to  be  repre 
sen  ted  ? 

Three-fifths  of  all  other  persons. 

63.  Who  are  particularly  meant  by  "other  persons  ?" 

Slaves. 

64.  Repeat  that  part  of  the  3d  clause  which  relates  to  the  mode  of 
apportioning  the  Representatives  among  the  States,  after  the  enume- 
ration. 

"  Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  inclu- 
ded within  this  Union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound 
to  service  for  a  term  of  years,  and  excluding  Indians 
not  taxed,  three-fifths  of  all  other  persons." 

65.  When  was  the  first  enumeration  to  be  made  ? 

Within  three  years  after  the  first  meeting  of  Con- 
gress. 

66.  When  was  it  actually  made  ? 
In  1790. 

67.  How  often  was  the  census  to  be  taken  afterwards  ? 

Once  in  every  ten  years. 

68.  How  was  the  enumeration  to  be  made  ? 

In  such  a  manner  as  Congress  should,  by  law,  direct 

69.  Repeat  that  part  of  the  Apportionment  clause  which  relates  to 
the  time  and  mode  of  making  the  enumeration. 

"  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law  direct." 


HOUSE    OF    REPRESENTATIVES. 


21 


70.  Repeat  that  part  of  the  Apportionment  clause  which  limits  the 
number  of  Representatives. 

"  The  number  of  Representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall 
have  at  least  one  Representative." 

71.  How  many  Representatives  was  each  of  the  States  entitled  t< 
choose  until  the  first  enumeration  should  be  made  ? 

"  The  State  of  New  Hampshire  was  entitled  to  choose   3 
"  "     Massachusetts  8 

"  "     Rhode  Island  and  Providence  Plantations  1 


u 

%i 

Connecticut 

: 

5 

14 

u 

New  York 

. 

6 

(1 

14 

New  Jersey 

- 

4 

u 

44 

Pennsylvania     « 

- 

8 

C< 

44 

Delaware 

. 

1 

u 

44 

Maryland 

. 

6 

14 

44 

Virginia 

. 

10 

U 

44 

North  Carolina 

- 

5 

u 

(4 

South  Carolina 

• 

5 

H 

44 

Georgia 

. 

3 

Total,       *65 


72.  When  was  the  last  apportionment  made  ? 
In  1862. 


73.  By  what  census  is  that  apportionment  determined  ? 
By  the  census  of  1850. 

74.  What  is  the  ratio  of  representation  under  that  apportionment  ? 

One  Representative  for  every  93,702,  and  an  addi- 
tional member  is  allowed  to  each  State  in  which  the 
remaining  fraction  exceeds  one-half  of  that  number. 

75.  What  is  the  whole  number  of  Representatives  under  this  ap- 
portionment ? 

Two  hundred  and  thirty-four. 


*The  original  apportionment  is  given  for  reference  merely,  because  it  is 
included  in  the  body  of  the  Constitution.  The  present  apportionnr.en  . 
p.  22)  however,  should  be  learned  instead  of  the  original  one. 


22 


CONSTITUTION    OF   THE    UNITED    STATES. 


6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 
29. 
30. 
31 


New  York  has 

Pennsylvania 

Ohio  . 

Virginia 

Massachusetts 

Indiana 

Kentucky  . 

Tennessee 

Illinois 

North  Carolina 

Georgia 

Alabama 

Missouri     . 

Maryland 

Maine 

South  Carolina 

New  Jersey 

Mississippi     . 

Connecticut 

Louisiana 

Michigan    . 

New  Hampshire 

Vermont  . 

Wisconsin 

Rhode  Island 

Arkansas 

Texas 

Iowa 

California  . 

Delaware 

Florida 


33 


Total, 


234 


SENATE.  23 

Clause  IV. — "  When  vacancies  happen  in  the  represen- 
tation from  any  State,  the  executive  authority  thereof  shall 
issue  writs  of  election  to  fill  such  vacancies." 

78.  To  what  does  this  clause  relate  ? 

To  filling  vacancies  in  the  House  of  Representatives. 

79.  How  are  the  vacancies  in  the  Representation  from  any  State 
to  be  filled  ? 

The  Executive  of  that  State  shall  issue  writs  of 
election  to  fill  such  vacancies. 

80.  Repeat  the  words  of  Clause  IV. 

Clause  V. — "  The  House  of  Representatives  shall 
choose  their  Speaker  and  other  officers;  and  shall  have 
the  sole  power  of  impeachment." 

81.  How  are  the  Speaker  and  other  officers  of  the  House  ap- 
pointed ? 

By  the  House  itself. 

82.  Why  is  it  important  that  the  Speaker  and  other  officers  should 
be  chosen  by  the  House  ? 

It  gives  the  House  a  more  efficient  control  ovei 
its  officers. 

83.  What  is  the  power  of  impeachment  ? 

It  is  the  right  which  the  Representatives  have  to 
bring  an  accusation  against  high  officers  of  govern- 
ment, for  maladministration  of  office. 

84.  Are  impeachments  tried  by  the  House  ? 

They  are  not ;  they  are  tried  by  the  Senate. 

85.  Repeat  Clause  V. 

Section  III.  Senate. 
Clause  I.  "  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by  the 
Legislature  thereof  for  six  years;  and  each  Senator  shall 
have  one  vote" 


24  CONSTITUTION    OF   THE   UNITED    STATES. 

86.  To  what  does  this  clause  relate  ? 

To  the  organization  of  the  Senate. 

87.  What  advantage  is  to  be  derived  from  dividing  the  legis- 
lative body  into  two  branches? 

The  two  Houses  act  as  a  check  upon  each  other. 

88.  How  is  this  check  most  effectually  secured  ? 

By  making  the  two  Houses  dissimilar  in  their  organi- 
zation. 

89.  In  what  respects  is  the  organization  of  the  Senate  different 
from  that  of  the  House  of  Representatives  ? 

The  Senate  differs  from  the  House  of  Representa- 
tives in  regard  to  the  number  of  members,  the  mode 
of  election,  and  the  term  of  service. 

90.  Of  how  many  members  is  the  Senate  composed? 

Of  two  from  each  State,  or  sixty  in  all.  ' 

91.  How  are  the  Senators  chosen  ? 

By  the  Legislatures  of  the  several  States. 

92.  How  do  they  differ  in  this  respect  from  the  Representatives  ? 

The  Representatives  are  chosen  by  the  people  of 
the  States. 

93.  For  what  time  are  the  Senators  chosen  ? 

For  six  years. 

94.  How  do  they  differ  in  this  respect  from  the  Representatives? 

The  Representatives  are  chosen  for  only  two  years. 

95.  Why  is  a  comparatively  long  term  of  service  fixed  for  the 
Senators  ? 

That  they  may  serve  as  a  check  upon  the  sudden 
fluctuations  of  popular  opinion,  to  which  the  other 
branch  of  the  Legislature  is  liable. 

96.  In  what  manner  do  the  Senators  vote? 

Each  Senator  has  one  vote. 

97.  How  did  the  Continental  Congress  vote? 

By  States ;  the  Representatives  from  each  State 
having  but  one  vote. 

98.  Repeat  Clause  I. 


SENATE.  25 

Clause  II.  "  Immediately  after  they  shall  he  assembled 
in  consequence  of  the  first  election,  they  shall  be  divided, 
as  equally  as  may  be,  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expira 
Hon  of  the  second  year  ;  of  the  second  class,  at  the  expi- 
ration of  the  fourth  year;  and  of  the  third  class,  at  the  ex. 
piration  of  the  sixth  year  ;  so  that  one-third  may  be  chosen 
every  second  year;  and  if  vacancies  happen  by  resignation, 
or  otherwise,  during  the  recess  of  the  legislature  of  any 
State,  the  executive  thereof  may  make  temporary  appoint- 
ments until  the  next  meeting  of  the  legislature,  which  shall 
then  fill  such  vacancies" 

99.  To  what  does  the  first  part  of  this  clause  relate  ? 

To  the  division  of  the  Senators  into  classes. 

100.  Into  how  many  classes  were  the  Senators  divided? 

Three. 

101.  How  long  did  the  Senators  of  each  class  hold  their  seats? 

Those  of  the  first  class  held  their  seats  for  two 
years,  those  of  the  second  class  for  four  years,  and 
those  of  the  third  class  for  six  years. 

102.  What  proportion  of  the  Senators,  in  consequence  of  this  ar- 
rangement, are  chosen  every  second  year  ? 

One-third. 

103.  What  is  the  object  of  this  arrangement? 

By  means  of  this  arrangement,  one  branch  of  the 
Legislature  always  contains  a  considerable  number 
of  members  wrell  versed  in  the  public  business. 

104.  Repeat  that  part  of  the  clause  which  relates  to  the  arrange- 
ment of  the  Senators  into  classes. 

"  Immediately  after  they  shall  be  assembled,  in 
consequence  of  the  first  election,  they  shall  be  di- 
vided, as  equally  as  may  be,  into  three  classes.  The 
seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year ;  of  the  second 
3 


26  CONSTITUTION    OF    THE    UNITED    STATES. 

class,  at  the  expiration  of  the  fourth  year ;  and  of  tna 
third  class,  at  the  expiration  of  the  sixth  year ;  so  that 
one-third  may  be  chosen  every  second  year." 

105.  To  what  does  the  latter  part  of  the  clause  relate? 

To  filling  vacancies. 

106.  How  are  vacancies  in  the  Senate  filled  ? 

By  the  appointment  of  the  Legislature  of  the  State 
in  whose  representation  the  vacancy  may  exist. 

107.  If  the  vacancies  happen  during  the  recess  of  the  legislature 
of  the  State,  how  shall  they  be  filled  ? 

The  Executive  of  the  State  may  make  temporary 
appointments  until  the  next  meeting  of  the  Legislature. 

108.  Repeat  that  part  of  the  clause  which  relates  to  vacancies, 

"  If  vacancies  happen  by  resignation,  or  otherwise, 
during  the  recess  of  the  Legislature  of  any  State,  the 
Executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies." 

Clause  III.  "  No  person  shall  be  a  Senator  who  shall 
not  have  attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  United  States,  and  who  shall  not9 
when  elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen" 

109.  To  what  does  this  clause  relate? 

To  the  qualifications  of  the  Senators. 

110.  How  old  must  a  Senator  be  ? 

At  least  thirty  years. 

111.  How  long  must  he  have  been  a  citizen  of  the  United  States? 

At  least  nine  years. 

112.  What  is  required  in  regard  to  residence? 

He  must,  at  the  time  of  his  election,  be  an  inhabi- 
tant of  that  State  for  which  he  shall  be  chosen. 


SENATE.  2? 

113.  In  what  respects  do  the  qualifications  of  a  Senator  differ 
tfom  those  of  a  Representative  ? 

A  Senator  must  be  thirty  years  old,  and  have  been 
a  citizen  nine  years ;  a  Representative  need  be  only 
twenty-five  years  old,  and  have  been  a  citizen  only 
seven  years, 

114.  Repeat  Clause  III. 

7 

Clause  IV.  "  The  Vice-President  of  the  United  S'ates 
shall  be  President  of  the  Senate,  but  shall  have  no  vote* 
unless  they  be  equally  divided" 

115.  To  what  does  this  clause  relate? 

To  the  Presiding  Officer  of  the  Senate. 

116.  Who  is  constituted  President  of  the  Senate  ? 

The  Vice-President  of  the  United  States. 

117.  When  is  he  entitled  to  vote  ? 

Only  when  the  Senate  is  equally  divided. 

118.  Why  was  not  the  Senate  allowed  to  choose  a  presiding  officer 
from  its  own  members  ? 

For  fear  of  giving  too  much  influence  to  that  State 
whose  Senator  should  be  selected  to  preside. 

119.  Why  is  there  not  the  same  danger  in  the  House  of  Repre- 
sentatives ? 

Because  the  House  of  Representatives  is  so  much 
more  numerous. 

120.  Repeat  Clause  IV. 

Clause  V.  "  The  Senate  shall  choose  their  other  offi- 
cers, and  also  a  President  pro  tempore,  in  the  absence  of 
the  Vice-President,  or  when  he  shall  exercise  the  office  of 
President  of  the  United  States. 

121.  To  what  does  this  clause  relate? 

To  the  appointment  of  the  other  officers  of  the 
Senate. 

122.  How  are  these  officers  chosen  ? 

Bv  the  Senate  itself. 


28  CONSTITUTION    OF    THE    UNITED    STATES. 

123.  When  do  they  choose  a  President  pro  tempore? 

When  the  President  of  the  Senate  is  absent,  or 
exercises  the  office  of  President  of  the  United  States, 

12 1.  Repeat  Clause  V.  ^. 

Clause  VI.  "  The  Senate  shall  have  the  sole  power  to 
try  all  impeachments.  When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation.  When  the  President  of 
the  United  States  is  tried,  the  Chief  Justice  shall  preside; 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present." 

125.  To  what  does  Clause  VI.  relate  ? 

The  trial  of  impeachments. 

126.  By  whom  are  impeachments  to  be  tried  ? 

By  the  Senate  only. 

127.  Why  could  not  impeachments  be  tried  by  the  Supreme 
Court  ? 

Because  the  questions  involved  are  of  a  political 
rather  than  of  a  legal  character. 

128.  In  what  respect  docs  the  Senate,  when  sitting  for  the  trial  of 
impeachments,  deviate  from  its  usual  mode  of  proceeding- 

When  sitting  for  the  trial  of  impeachments,  the 
Senate   shall    be  on  oath  or  affirmation. 

129.  What  is  the  object  of  this  provision  ? 

To  give  greater  solemnity  to  the  proceedings. 

130.  Who  shall  preside  in  the  Senate  on  the  trial  of  the  President 
of  the  United  States  ? 

The  Chief  Justice. 

131.  What  is  necessary  in  order  to  convict  a  person  on  im. 
pcachment  ? 

The  concurrence  of  two-thirds  of  the  members 
present. 

132.  Why  should  not  the  verdict  be  unanimous,  as  in  a  trial  by 
ury? 


BOTH    HOUSES.  29 

In  consequence  of  the  influence  of  political  feelings, 
few  persons  could  ever  be  convicted. 

133.  Why  should  not  a  bare  majority  be  sufficient  to  convict? 

In  consequence  of  the  influence  of  political  feelings, 
few  persons  would  ever  be  safe  from  conviction. 

134.  Repeat  Clause  VI. 

Clause  VII.  "Judgment  in  cases  of  impeachment  shall 
not  extend  further  than  to  removal  from  office,  and  disqua- 
lification to  hold  and  enjoy  any  office  of  honour,  trust,  or 
profit,  under  the  United  States ;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law." 

135.  To  what  does  this  Clause  relate  ? 

To  the  judgment  to  be  rendered  in  cases  of  im- 
peachment. 

136.  How  is  the  judgment,  in  cases  of  impeachment,  limited? 

It  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  office  under  the 
United  States. 

137.  Are  those  convicted  on  impeachment  liable  to  suffer  no  other 
punishment  ? 

They  are  afterwards  liable  to  indictment,  trial,  judg- 
ment and  punishment,  according  to  law,  before  the 
ordinary  courts  of  justice. 

138.  Repeat  Clause  VII. 

Section  IV.  Both  Houses, 

Clause  I.  "  The  times,  places,  and  manner,  of  holding 
elections  for  Senators  and  Representatives,  shall  be  pre- 
scribed  in  each  State  by  the  Legislature  thereof:  but  the 
Congress  may  at  any  time,  by  laic,  make  or  alter  such  re- 
gulations, except  as  to  the  places  of  choosing  Senators" 
3* 


80  CONSTITUTION    OP    THE    UNITED   STATES. 

139.  To  what  does  this  clause  relate  ? 

The  election  of  Members  of  Congress. 

140.  In  whom  is  the  power  of  regulating  their  election  vested  ? 

In  the  Legislature  of  each  State. 

141.  In  what  particulars  may  the  Legislature  of  each  State  regu 
(ate  the  election  of  Members  of  Congress  ? 

They  may  prescribe  the  times,  places,  and  manner 
of  holding  the  election. 

142.  Why  should  these  particulars  be  determined  in  the  several 
States  by  their  own  Legislatures  ? 

Because  the  people  of  the  several  States  can  judge 
best  in  regard  to  their  own  local  conveniences. 

143.  What  power  has  Congress  in  the  matter? 

Congress  may  by  law,  make  or  alter  such  regula 
tions,  except  as  to  the  place  of  choosing  Senators. 

144.  Why  is  the  power  of  making  or  altering  these  regulations 
given  to  Congress  ? 

Because  the  State  Legislatures  might  neglect  to 
provide  duly  for  such  elections,  or  might  make  such 
provisions  as  would  embarrass  the  operation  of  the 
General  Government. 

145.  Why  is  not  the  place  of  choosing  Senators  also  left  to  the 
discretion  of  Congress  ? 

Because  the  Senators  are  elected  by  the  State  Le- 
gislatures, whose  place  of  meeting  is  left  to  be  decided 
by  their  own  convenience,  with  respect  to  their  ordi- 
nary duties. 

146.  Repeat  Clause  I. 

Clause  II.  "  The  Congress  shall  assemble  at  least  once 
in  every  year,  and  such  meeting  shall  be  on  the  first  "Mon- 
day in  December,  unless  they  shall  by  law  appoint  a  dif- 
ferent day." 


THE    HOUSES    SEPARATELY.  31 

147.  To  what  does  this  clause  refer  ? 

To  the  assembling  of  Congress. 

148.  How  often  shall  Congress  assemble? 

The  Congress  shall  assemble  at  least  once  in  every 
year. 

149.  What  day  is  fixed  for  the  meeting  of  Congress? 

The  first  Monday  of  December,  unless  they,  by 
law,  appoint  a  different  day. 

150.  What  would  have  beenihe  consequence  of  omitting  to  make 
in  the  Constitution  any  provision  in  regard  to  the  meeting  of  Con- 
gress ? 

The  time  of  assembling  would  have  been  left  to  the 
determination  of  Congress  itself,  or  of  some  other  de- 
partment of  the  government. 

151.  What  danger  would  there  have  been  in  this? 

In  times  of  corruption,  or  usurpation,  Government 
might  omit  or  postpone  the  meeting  of  Congress,  for 
the  purpose  of  preventing  a  redress  of  grievances. 

152.  Repeat  Clause  II. 

Section  V.  The  Houses  separately. 

Clause  T.  "Each  House  shall  be  the  judge  of  the  elec- 
tions, returns,  and  qualifications,  of  its  own  members,  and 
a  majority  of  each  shall  constitute  a  quorum  to  do  busi- 
ness;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties,  as 
each  House  may  provide" 

153.  To  what  does  the  first  part  of  this  clause  relate? 

To  the  mode  of  ascertaining  the  right  of  any  one 
to  a  seat  in  Congress. 

154.  Who  are  to  judge  of  the  right  of  any  one  to  a  seat  in  either 
Ucmse  ? 


32  CONSTITUTION    OF    THE    UNITED    STATES. 

Each  House  is  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members. 

155.  "Why  should  each  House  have  the  exclusive  right  to  judge  of 
the  qualifications  of  its  members  ? 

Because  in  no  other  way  could  it  maintain  the  ne 
cessary  degree  of  independence. 

156.  To  what  does  the  next  item  in  this  clause  relate? 

To  a  quorum. 

157.  What  is  a  quorum  ? 

The  number  of  any  assembly  necessary  to  transact 
business. 

153.  Why  is  it  necessary  to  forbid  the  transaction  of  business 
unless  there  is  a  certain  number  of  the  members  present  ? 

To  prevent  laws  being  passed  by  stealth,  when,  by 
some  accident,  only  a  small  portion  of  the  legislators 
are  present.  **~f  /  '  7 

150.  What  number  of  each  House  of  Congress  is  necessary  to 
constitute  a  quorum  ? 

A  majority. 

160.  What  powers  have  a  smaller  number  than  the  majority  ? 

They  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each 
House  may  provide. 

161.  Why  is  this  power  given  to  the  minority  of  a  Legislative  As- 
sembly ? 

Otherwise  it  would  be  in  the  power  of  a  portion  of 
the  members,  by  voluntarily  absenting  themselves,  to 
suspend  legislation. 

162.  Repeat  Clause  I. 

Clause  II.  "  Each  House  may  Heterniine  the  rules  of 
its  proceedings,  punish  its  members  for  disorderly  beha- 
viour, and,  with  the  concurrence  of  tico4hirds,  expel  a 
member" 


THE    HOUSES    SEPARATELY.  S3 

163.  To  what  does  this  clause  relate  ? 

To  the  maintenance  of  order. 

164.  Who  determines  the  rules  of  proceeding  in  Congress? 

Each  House  may  determine  its  own  rules  of  pro- 
ceeding. 

165.  What  means  has  each  House  for  enforcing  its  rules? 

Each  House  has  the  power  to  punish  its  own  mem- 
bers for  disorderly  behaviour;  and,  with  the  consent  of 
two-thirds,  to  expel  a  member.  * 

Clause  III.  "  Each  House  shall  keep  a  journal  of  its 
proceedings,  and,  from  time  to  time,  publish  the  same,  ex* 
cepting  such  parts  as  may,  in  their  judgment,  require  se- 
crecy ;  and  the  yeas  and  nays  of  the  members  of  either 
House,  on  any  question,  shall,  at  the  desire  of  one -fifth  of 
those  present,  be  entered  on  the  journal" 

166.  What  is  the  object  of  the  first  part  of  this  clause  ? 

To  ensure  publicity  to  all  the  Acts  of  Congress. 

167.  How  is  the  publicity  of  the  proceedings  in  Congress  se- 
cured ? 

By  compelling  each  House  to  keep  a  journal  of  its 
proceedings,  and  to  publish  the  same  from  time  to 
time. 

168.  How  much  of  its  Journal  is  each  House  required  to  publish? 

All  except  such  parts  as  may,  in  their  judgment, 
require  secrecy. 

169.  To  what  does  the  latter  part  of  the  clause  relate  ? 

The  responsibility  of  individual  members  for  their 
votes. 

170.  How  is  responsibility  of  individual  members  secured? 

By  requiring  the  yeas  and  nays  to  be  taken  on  any 
question,  at  the  desire  of  one-fifth  of  the  members 
present. 

171.  What  is  meant  by  taking  the  yeas  and  nays  on  any  ques- 
tion ? 


34  CONSTITUTION    OF    THE    UNITED    STATES. 

Recording  on  the  journal  the  names  of  those  who 
vote  on  each  side,  and  not  merely  the  number  of  votes. 

172.  Repeat  Clause  III. 

Clause  IV.  "  Neither  House,  daring  the  session  of  Con- 
gress, shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  Houses  shall  be  sitting" 

173.  What  does  this  clause  contain? 

Restrictions  upon  the  power  of  adjournment. 

174.  What  is  the  object  of  these  restrictions  ? 

To  prevent  either  House  from  interrupting  the  re- 
gular course  of  legislation. 

175.  For  how  long  a  time  may  either  House  adjourn  without  the 
consent  of  the  other  ? 

For  three  days. 

176.  How  else  is  each  House  limited  with  regard  to  its  own  ad- 
journment  ? 

It  cannot  adjourn  to  any  other  place  than  that  in 
which  the  two  Houses  may  be  sitting. 

177.  Repeat  Clause  IV. 

Section  "V  I.  Privileges  and  Disabilities  of  Members. 

Clause  I.  "  The  Senators  and  Representatives  shall  re- 
ceive a  compensation  for  their  services,  to  be  ascertained 
by  law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall,  in  all  cases,  except  treason,  felony ,  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance  at  the  session  of  their  respective  Houses,  and  in  going 
to.  and  returning  from,  the  same  ;  and  for  any  speech  or 
debate  in  either  House,  they  shall  not  be  questioned  in  any 
other  place.' 

178.  To  what  does  the  first  part  of  this  clause  refer  ? 

To  the  compensation  of  Members  of  Congress. 


PRIVILEGES    AND    DISABILITIES    OF    MEMBERS.  85 

179.  What  provision  is  made  for  this  ? 

Members  of  Congress  shall  receive  a  compensatior 
for  their  services,  to  be  ascertained  by  law,  and  paid 
out  of  the  treasury  of  the  United  States. 

180.  What  objection  has  been  made  to  giving  a  compensation  t* 
Members  of  Congress  ? 

Some  have  feared  it  might  lead  unworthy  persons 
to  seek  the  office  for  mercenary  motives. 

181.  What  reason  has  been  assigned  for  giving  a  compensation? 

The  expenses  of  the  office  might  deter  men  of  ta- 
lent and  worth  from  seeking  it,  and  so  give  an  undue 
advantage  to  men  of  wealth. 

182.  To  what  does  the  next  part  of  this  clause  relate? 

Freedom  from  arrest. 

183.  How  far  do  Members  of  Congress  enjoy  the  privilege  of 
freedom  from  arrest  ? 

During  their  attendance  at  the  session  of  their  re- 
spective Houses,  and  in  going  to  and  returning  from 
-the  same. 

184.  What  exception  is  made  to  this  privilege  ? 

Members  are  not  privileged  in  cases  of  treason, 
felony,  and  breach  of  the  peace. 

185.  What  is  the  object  of  exempting  a  Member  of  Congress  from 
arrest  ? 

To  prevent  his  constituents  from  being  deprived  of 
their  right  of  Representation. 

186.  To  what  does  the  latter  part  of  this  clause  refer? 
To  the  freedom  of  debate. 

187.  What  privilege  do  Members  of  Congress  enjoy  in  thin 
respect? 

For  any  speech  or  debate  in  either  House,  they 

shall  not  be  questioned  in  any  other  place. 

188.  What  is  the  object  of  this  privilege  ? 


36  CONSTITUTION    OF    THE    UNITED    STATES. 

To  secure  the  utmost  freedom  in  discussing  the 
public  interests. 

189.  What  means  are  there  of  preventing  members  from  abusing 
the  privilege  of  freedom  in  debate  ? 

For  any  abuse  of  this  privilege,  the  members  arc 
accountable  to  the  House  to  which  they  belong. 

190.  Repeat  Clause  I. 

Clause  II.  "  No  Senator  or  Representative  shall,  dur- 
ing the  time  for  which  he  was  elected,  be  appointed  to  any 
civil  office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time;  and  no  person, 
holding  any  office  under  the  United  States,  shall  be  a  mem- 
ber of  either  House  during  his  continuance  in  office" 

191.  To  what  does  this  clause  relate  ? 

To  the  disabilities  of  Members  of  Congress. 

192.  To  what  offices  are  the  Senators  and  Representatives  ineligi- 
ble, during  the  time  for  which  they  were  elected  to  Congress  ? 

They  are  ineligible  to  any  civil  office,  under  the  au- 
thority of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been 
increased  during  such  time. 

193.  May  Members  of  Congress  be  appointed  to  offices  already  ex- 
V?ting  ? 

They  may,  provided  the  emoluments  of  the  same  are 
not  increased  during  the  time  for  which  said  members 
were  elected. 

194.  What  is  the  object  in  excluding  Members  of  Congress  from 
being  appointed  to  new  offices,  or  to  those  whose  emoluments  are 
increased  during  their  term  of  membership  ? 

That  they  may  not  be  induced  to  vote  for  such 
offices,  or  such  increase  of  the  emoluments  of  tho 
same,  for  the  sake  of  being  appointed  to  them. 


MODE    OF    PASSING    LAWS.  57 

195.  To  what  other  disability  are  Members  liable  1 

They  cannot  at  the  same  time  be  Members  of  Con- 
gress, and  hold  office  under  the  United  States. 

196..  If  a  Member  of  Congress  be  appointed  to  any  office  under 
the  United  States,  what  must  he  do  before  he  can  accept  it? 

He  must  first  resign  his  seat  in  Congress. 

197.  If  any  person  holding  office  under  the  United  States,  wishes 
to  become  a  Member  of  Congress,  what  must  he  do  ? 

He  must  first  resign  his  office. 

198.  Repeat  Clause  II. 


Section  VII.  Mode  of  Passing  Laws, 

Clause  I.  "  All  bills  for  raising  revenue  shall  ori- 
ginate in  the  House  of  Representatives  ;  but  the  Senate 
may  propose  or  concur  with  amendments,  as  on  other  bills" 

199.  To  what  does  this  clause  relate  ? 

To  Revenue  Bills. 

200.  Where  must  all  Bills  for  raising  a  revenue  originate  ? 

In  the  House  of  Representatives. 

201.  Why  is  the  power  of  originating  Bills  for  revenue  confined 
to  the  House  of  Representatives  ? 

Because  they  are  the  more  immediate  Representa- 
tives of  the  people. 

202.  Has  the  Senate  no  power  over  a  revenue  bill  ? 

They  may  propose  amendments  to  it,  as  to  other 
bills. 

203.  Repeat  Clause  I. 

Clause  II.  "  Every  bill  which  shall  have  passed  the 
House  of  Representatives  and  the  Senate,  shall,  before  it 
become  a  law,  be  presented  to  the  President  of  the  United 
States;  if  he  approve,  he  shall  sign  it,  but  if  not,  he 
shall  return  it,  with  his  objections,  to  that  House  in  which 


36  CONSTITUTION    OF   THE   UNITED    STATES. 

it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two-tMrds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and,  if  approved  by  two-thirds  of  that 
House,  it  shall  become  a  law.  But  in  all  such  cases  the 
votes  of  both  Houses  shall  he  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  House,  respect- 
ively. If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted)  after  it  shall  have 
been  presented  to  him,  the  same  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  Congress,  by  their 
adjournment,  prevent  its  return,  in  which  case  it  shall  not 
be  a  law" 

204.  To  what  does  this  clause  refer  ? 

To  the  power  of  the  President  over  the  passage  of 
a  bill. 

205.  After  a  bill  has  passed  both  Houses  of  Congress,  what  must 
be  done  with  it  ? 

It  must  be  presented  to  the  President. 

206.  What  is  still  necessary  before  it  can  become  a  law  ? 

The  President  must  approve  and  sign  it. 

207.  What  must  the  President  do  if  he  does  not  approve  it  ? 

He  must  return  it,  wTith  his  objections. 

208.  To  which  House  must  it  be  returned  ? 

To  the  House  in  which  it  originated. 

209.  Wrhat  is  this  power  of  the  President,  of  objecting  to  the  pas. 
■age  of  a  Bill,  called  ? 

The  Veto  power. 

210.  What  is  the  meaning  of  the  wori  veto? 

I  forbid. 


MODE    OF    PASSING    LA.WS.  39 

211.  From  whom  are  both  the  word  and  the  custom  derived? 
From  the  Romans,  where  the  Tribunes  of  the  People 

had  the  power  of  forbidding  the  passage  of  any  law. 

212.  What  is  the  object  of  vesting  this  power  in  the  hands  of  th* 
President  ? 

It  is  intended  to  act  as  a  check  upon  improper  le- 
gislation. 

213.  Why  would  the  President  be  likely  to  view  a  Bill  differently 
from  Congress  ? 

Because  of  the  difference  in  the  nature  of  his  office, 
and  in  the  mode  of  his  appointment. 

214.  In  what  important  particulars  may  the  Veto  power  be  useful? 
In  resisting  encroachments  of  the  Legislature  upon 

the  other  departments  of  Government,  and  in  prevent- 
ing immature  and  hasty  legislation. 

215.  When  the  President  has  returned  a  Bill,  with  his  objections 
to  the  House  in  which  it  originated,  what  must  they  do  ? 

They  shall  enter  the  objections  of  the  President  at 
large  on  their  journals,  and  proceed  to  reconsider  it. 

216.  If,  on  reconsideration  by  the  House  in  which  it  originated, 
the  Bill  receives  a  vote  of  less  than  two-thirds,  what  becomes  of  it? 

It  is  lost. 

217.  If  it  is  repassed  by  a  vote  of  two-thirds  of  that  House,  what 
is  next  to  be  done  ? 

They  shall  send  it,  together  with  the  President's  ob- 
jections, to  the  other  House. 

218.  What  shall  the  other  House  do? 

They  shall  likewise  proceed  to  reconsider  it. 

219.  If  they  fail  to  pass  it  by  a  vote  of  two-thirds,  what  becomes 
of  it? 

It  is  lost. 

220.  If  they  also,  on  reconsideration,  pass  it  by  a  vote  of  two- 
thirds,  what  becomes  of  it  ? 


40  CONSTITUTION    OF   THE    UNITED    STATES. 

It  becomes  a  law,  without  the  signature  of  the  Pre 
sident. 

221.  Why  might  not  a  Bill,  which  passed  originally  by  a  vote  ot 
two-thirds  of  both  Houses,  become  a  law  at  once,  without  the  signa 
ture  of  the  President  ? 

Because  members  might  change  their  opinions  after 
receiving  the  objections  of  the  President. 

222.  How  shall  the  votes  of  the  two  Houses  on  a  Bill  which  has 
been  vetoed,  be  determined  ? 

By  yeas  and  nays ;  the  names  of  the  persons  voting 
for  and  against  the  bill  being  entered  on  the  journal 
of  each  House  respectively. 

223.  In  what  other  way  may  a  Bill  become  a  law  without  the  sig- 
nature of  the  President  ? 

If  the  President  neglects  or  refuses  to  return  it 
within  ten  days  (Sundays  excepted,)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it. 

224.  What  exception  is  made  to  this  provision  ? 

If  Congress,  by  their  adjournment  before  the  expi- 
ration of  the  ten  days,  prevent  its  return,  it  shall  not 
become  a  law. 

225.  Repeat  that  portion  of  the  second-clause  which  relates  to  the 
approval  or  veto  of  a  Bill. 

"Every  bill,  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  be- 
come a  law,  be  presented  to  the  President  of  the 
United  States ;  if  he  approve,  he  shall  sign  it,  but  if 
not,  he  shall  return  it,  with  his  objections,  to  that 
House  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  pro- 
ceed to  reconsider  it." 

226.  Repeat  that  portion  which  relates  to  the  second  passage  ot  a 
Bill,  after  it  has  been  vetoed. 


MODE    OF    PASSING    LAWS.  4> 

"  If,  after  such  reconsideration,  two-thirds  of  that 
House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  two-thirds  of  that  House,  it  shall  become  a 
law." 

227.  Repeat  the  portion  which  relates  to  the  recording  of  the  vote. 
"  In  all  such  cases  the  votes  of  both  Houses  shall  be 

determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  House,  respectively." 

228.  Repeat  that  portion  of  Clause  II.  which  limits  the  time  that 
the  President  may  retain  a  Bill. 

"  If  any  bill  shall  not  be  returned  by  the  President 
within  ten  days  (Sundays  excepted,)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  Con- 
gress, by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  be  a  law." 

229.  Repeat  the  whole  of  Clause  II. 

Clause  III.  "  Every  order,  resolution,  or  vote,  to  which 
the  concurrence  of  the  Senate  and  House  of  Representa- 
tives may  be  necessary  {except  on  a  question  of  adjourn* 
ment),  shall  be  presented  to  the  President  of  the  United 
States  ;  and  before  the  same  shall  take  effect,  shall  be  ap- 
proved by  him,  or,  being  disapproved  by  him,  shall  be  re- 
passed by  tivo-thirds  of  the  Senate  and  House  cf  Repre- 
sentatives, according  to  the  rules  and  limitations  prescribed 
in  the  case  of  a  bill" 

230.  What  is  the  object  of  this  clause  ? 

It  extends  the  veto  of  the  President  to  other  mat- 
ters besides  bills. 

231.  To  what  other  matters  does  his  veto  extend  ? 

4# 


42  CONSTITUTION    OF    THE    UNITED    STATES. 

To  all  orders,  resolutions  or  votes,  (except  on  ques- 
tions of  adjournment,)  to  which  the  concurrence  of 
the  two  Houses  may  be  necessary. 

232.  What  is  the  object  of  this  provision  ? 

To  prevent  Congress  from  evading  the  veto  power, 
by  passing  a  law  under  some  other  name. 

233.  What  is  the  mode  of  proceeding  in  such  cases  ? 

The  same  as  in  the  case  of  a  bill. 

234.  In  what  case  of  joint  resolutions  has  the  President  no  veto 
power  ? 

On  a  question  of  adjournment. 

235.  Repeat  Clause  III. 


Section  VIII.  Powers  granted  to  Congress. 

Clause  I.     Congress  shall  have  power  ; 

"  To  lay  and  collect  taxes,  duties,  imposts,  and  excises, 
to  pay  the  debts  and  provide  for  the  common  defence  and 
general  welfare  of  the  United  States ;  but  all  duties,  im- 
posts, and  excises,  shall  be  uniform  throughout  the  United 
States." 

236.  To  what  does  this  clause  relate  ? 

To  the  power  of  taxation. 

237.  What  is  a  tax  ? 

Money  exacted  by  Government  from  individuals, 
for  the  public  service. 

238.  How  are  taxes  sometimes  divided  ? 

Into  direct  taxes  and  indirect  taxes. 

239.  What  are  direct  taxes  ? 

Taxes  upon  individuals. 

240.  What  two  kinds  of  direct  taxes  are  there  ? 

Taxes  upon  persons,  and  taxes  upon  property. 

241.  What  are  these  two  kinds  of  taxes  called? 

The  former  is  called  a  personal,  poll,  or  capitation 
tax ;  the  latter  a  property  tax. 


TOWERS  GRANTED  TO  CONGRESS.  43 

242.  What  is  an  indirect  tax  ? 

A  tax  upon  the  consumption  of  certain  ai  tides. 

243.  What  three  kinds  of  indirect  taxes  are  there  ? 

Taxes  on  goods  imported  into  the  country,  taxes  on 
on  goods  exported  out  of  the  country,  and  taxes  on 
goods  manufactured  in  the  country;  in  other  words, 
upon  imports,  exports,  and  manufactures. 

245.  What  are  "  Imposts"  ? 

Taxes  on  goods  imported. 

246.  What  are  "  Duties"  and  "  Customs"  ? 

Taxes  on  goods  either  exported  or  imported. 

247.  What  are  "  Excises"  ? 

Taxes  on  goods  manufactured. 

248.  How  are  direct  taxes  apportioned  among  the  several  States  ? 

In  the  same  manner  as  the  Representatives;  that 
is,  according  to  their  respective  numbers. 

249.  How  are  indirect  taxes  apportioned  ? 

They  must  be  uniform  throughout  the  States. 

250.  What  is  the  object  of  this  provision? 

To  prevent  Congress  from  legislating  in  behalf  of 
local  interests. 

251.  What  doubt  exists  in  regard  to  the  meaning  of  his  whole 
clause  ? 

Whether  it  means  that  Congress  has  power  to  lay, 
and  collect  taxes,  duties,  imposts  and  excises,  and 
also  to  pay  the  debts,  &c. ;  or  whether  it  means  that 
Congress  has  power  to  lay  and  collect  taxes,  duties 
imposts  and  excises,  for  the  purpose  of  paying  the 
debts,  &c. 

252.  What  is  the  common  interpretation  ? 


44  CONSTITUTION    OF    THE    UNITED    STATES. 

That  Congress  has  power  to  lay  and  collect  taxes, 
duties,  imposts  and  excises,  for  the  purpose  of  paying 
the  debts  and  providing  for  the  common  defence  and 
general  welfare  of  the  United  States. 

253.  Repeat  Clause  I. 

Clause  II.      Congress  shall  have  power ; 

"  To  borrow  money  on  the  credit  of  the  United  States" 

254.  To  what  does  this  clause  refer  ? 

To  borrowing  money. 

255.  Is  the  possession  of  this  power  by  Congress  necessary  to  the 
existence  of  the  National  Government  ? 

It  is. 

256.  What  would  be  the  consequence  if  no  such  power  existed  ? 

In  times  of  w7ar,  or  great  public  calamities,  it  would 
be  impossible  to  provide  in  time  the  means  of  meeting 
the  public  exigencies. 

257.  Whose  credit  is  pledged  for  the  payment  of  money  borrowed 
by  Congress  ? 

The  credit  of  the  whole  United  States. 

25S.  Repeat  Clause  II. 

Clause  III.  Congress  shall  have  power ; 
"  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes." 

259.  To  what  does  Clause  III.  relate  ? 

To  the  regulation  of  commerce. 

260   How  was  commerce  regulated  under  the  Confederation  ? 

The  Continental  Congress,  under  the  Confederation, 
had  no  power  to  regulate  commerce,  but  it  was  left  to 
Ihe  management  of  each  particular  State. 

261.  What  was  the  consequence  of  that  arrangement? 

The  foreign  commerce  of  the  States  was  almost  en- 


POWERS    GRANTED    TO    CONGRESS.  45 

tirely  destroyed,  and  the  conflicting  claims  of  the 
several  States  had  brought  them  to  the  brink  of  a 
civil  war. 

262.  What  is  to  be  understood  by  regulating  Commerce  ? 
Prescribing  the  rules  by  which  Commerce  is  to  be 

governed. 

263.  What  two  things  are  included  in  the  general  idea  of  Com. 
merce  ? 

Traffic,  or  the  interchange  of  commodities ;  and 
commercial  intercourse,  or  navigation. 

264.  What  are  some  of  the  ways  in  which  Congress  may  regulate 
Commerce  ? 

By  passing  laws  for  the  coasting  trade  and  fisheries, 
and  for  the  government  of  seamen  on  board  of  Ame- 
rican ships;  by  making  quarantine  and  pilotage  laws; 
by  constructing  lighthouses;  by  surveying  the  coast 
and  harbours ;  by  imposing  duties  upon  articles  im- 
ported or  exported ;  by  prohibiting  commerce  with 
particular  nations  $  by  designating  particular  ports 
of  entry ;  and  in  various  other  ways. 

265.  To  whom  belonged  the  power  of  regulating  Commerce 
with  the  Indian  tribes,  before  the  Revolution  ? 

To  the  King. 

266.  To  whom  does  it  now  belong  ? 

To  Congress. 

267.  Repeat  Clause  III. 

Clause  IV.      Congress  shall  have  power ; 

"  To  establish  a  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies,  throughout 
the  United  States." 

268.  To  what  does  the  first  part  of  this  clause  relate  ? 

To  naturalizing  foreigners. 


46  CONSTITUTION    OF    THE   UNITED    STATES. 

269.  What  is  meant  by  naturalizing  foreigners  ? 

Giving  them  the  rights  of  citizenship. 

270.  Why  could  not  this  power  be  left  with  the  States  ? 

There  would  then  be  no  uniformity  on  the  subject. 

271.  What  would  be  the  objection  to  that? 

A  citizen  of  one  State  is,  by  the  Constitution,  en 
titled  to  all  the  rights  of  citizenship  in  every  other 
State ;  consequently,  one  State  might,  by  its  naturali- 
zation laws,  invade  the  rights  and  privileges  of  all  the 
rest. 

272.  According  to  the  rule  of  naturalization  adopted  by  Congress, 
how  long  must  a  foreigner  live  in  the  country  before  he  can  become 
a  citizen? 

At  least  five  years. 

273.  To  what  does  the  latter  part  of  this  clause  relate  ? 
To  Bankruptcy. 

274.  What  should  be  the  object  of  bankrupt  and  insolvent  laws, 
in  regard  to  creditors  ? 

To  secure  to  creditors  the  full  surrender  and  equi- 
table distribution  of  the  insolvent  debtor's  effects. 

275.  What  should  be  their  object  in  regard  to  unfortunate 
debtors  ? 

To  secure  to  them,  after  such  a  surrender,  a  legal 
discharge  from  their  creditors. 

276.  What  is  the  effect  of  giving  to  creditors  the  power  to  im- 
prison a  debtor,  or  to  seize  upon  his  future  earnings  ? 

It  either  paralyzes  all  exertion,  or  leads  to  fraudulent 
means  to  secrete  property  afterwards  acquired. 

277.  Does  the  discharge  of  a  debtor  from  the  power  of  his  cre- 
ditors release  him  from  all  obligation  to  pay  his  debts  ? 

It  does  not.  He  is  still  bound  in  honour  and  con- 
science to  pay  his  debts,  if  in  subsequent  business  he 
shall  acquire  the  means. 

278.  Is  there  any  uniform  law  of  bankruptcy  now  existing  in  the 
United  States  ? 


POWERS    GRANTED    TO    CONGRESS.  •  47 

There  is  not.  Congress  passed  such  a  law  in  the 
year  1801,  which  was  repealed  in  1803,  Another 
Bankrupt  Law  was  passed  in  1842,  which  also  was 
repealed  the  next  session  of  Congress. 

279.  Repeat  Clause  IV. 

Clause  V.  Congress  shall  have  power; 

"  To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and 
measures" 

280.  To  what  does  the  first  part  of  this  clause  refer? 

To  the  power  of  coinage. 

281.  To  whom  is  this  power  entrusted? 

To  Congress  exclusively. 

282.  What  would  be  the  consequence  of  giving  to  each  State  the 
power  to  coin  money  ? 

There  would  be  no  uniformity  in  the  weight  or 
value  of  money,  and  the  circulation  of  base  or  coun- 
terfeit coin  would  be  very  much  increased. 

283.  To  what  does  the  latter  part  of  this  clause  relate  ? 

To  fixing  the  standard  of  weights  and  measures. 

284.  Repeat  Clause  V. 

Clause  VI.  Congress  shall  have  power ; 
"  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States" 

285.  What  is  the  object  of  this  provision  ? 

To  render  more  efficient  the  powers  of  coinage  and 
of  borrowing  money. 

286.  Repeat  Clause  VI. 

Clause  VII.      Congress  shall  have  power  ; 
"  To  establish  post  offices  and  post  roads" 


48  CONSTITUTION    OF    THE    UNITED    STATES. 

287.  What  are  some  of  the  advantages  which  result  from  the  ex 
ercise  of  this  power  ? 

It  enables  both  individuals  and  the  government  to 
transmit  intelligence,  to  make  remittances  of  money, 
and  to  transact  various  important  branches  of  busi- 
ness with  a  degree  of  promptitude,  regularity  and 
economy,  that  would  be  entirely  impracticable  in  any 
other  way. 

Clause  VIII.  Congress  shall  have  power ; 

"  To  promote  the  progress  of  science  and  useful  arts 
by  securing,  for  limited  times,  to  authors  and  inventors 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries" 

288.  What  is  the  object  of  this  clause? 

To  secure  the  rights  of  authors  and  inventors. 

289.  How  long*  may  a  person,  under  the  existing  laws  of  the 
United  States,  have  the  exclusive  right  to  publish  any  book  of  which 
he  is  the  author  ? 

Twenty-eight  years. 

290.  What  is  this  privilege  called? 

A  copyright. 

291.  May  a  copyright  be  renewed? 

It  may,  for  an  additional  period  of  fourteen  years. 

292.  How  long  may  a  person  have  the  exclusive  right  to  manii' 
facture  and  sell  any  machine  of  which  he  is  the  inventor  ? 

Fourteen  years. 

293.  What  is  this  privilege  called? 

A  patent  right. 

294.  Repeat  Clause  VIII. 

Clause  IX.  Congress  shall  have  power ; 

"  To  constitute  tribunals  inferior  to  the  Supreme  Court" 

N.  R  This  subject  will  be  considered  more  fully  under  the  head 
of  the  Judicial  Department.] 


TOWEKS  GRANTED  TO  CONGRESS.  49 

// 

y  Clause  X.  Congress  shall  have  power ; 

•<  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  jseas,  and  offences  against  the  law  of  nations" 

295.  What  is  Piracy  ? 

Robbery  at  sea. 

296.  What  is  the  punishment  for  Piracy,  or  felony  committed 
on  the  high  seas? 

Death. 

297.  When  is  an  action  said  to  have  been  done  upon  the  "high 
seas  ?" 

When  it  is  done  beyond  low  water  mark. 

298.  Why  is  Congress  particularly  charged  with  the  punishment 
of  offences  against  the  law  of  nations  ? 

Because  the  United  States  are  responsible  to  foreign 
nations  for  the  conduct  of  American  citizens  at  sea. 

299.  Repeat  Clause  X. 

Clause  XI.  Congress  shall  have  power ; 
"  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  maize  rules  concerning  captures  on  land  and  water" 

300.  With  whom  is  the  right  of  declaring  war  vested  in  mo- 
narchical governments  ? 

With  the  Executive. 

301.  Why  is  this  inexpedient? 

The  people,  who  have  to  bear  the  burden  of  war, 
ought  to  have  as  direct  a  voice  as  possible  in  deciding 
whether  or  not  to  declare  war. 

302.  What  are  Letters  of  Marque  and  Reprisal  ? 
Commissions  granted  to  private  persons  to  capture 

the  property  of  citizens  of  another  nation. 

303.  What  is  a  person  so  commissioned  called  ? 

A  Privateer. 

304.  When  are  Letters  of  Marque  and  Reprisal  generally  issued  ? 


50  CONSTITUTION    OF    THE    UNITED    STATES. 

j  In  time  of  war. 

30  5.  Are  they  ever  granted  at  other  times  ? 

Sometimes  an  individual,  for  whom  no  redress  of 
grievances  can  be  obtained  from  a  foreign  nation,  is 
permitted  by  his  own  government  to  make  reprisal 
upon  the  property  of  subjects  of  that  nation  to  the  ex- 
tent of  his  injury. 

306.  Repeat  Clause  XI. 

Clause  XII.  Congress  shall  have  power ; 

"  To  raise  and  support  armies ;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years?'9 

307.  Should  the  power  of  raising  armies  always  be  connected 
with  that  of  declaring  war  ? 

It  should. 

308.  How  was  it  under  the  Articles  of  Confederation  ? 

Congress  had  the  right  to  declare  war,  but  the 
States  only  could  raise  troops. 

309.  What  was  the  consequence  of  a  similar  arrangement  during 
the  Revolutionary  War  ? 

Great  expense,  delay,  and  inefficiency. 

310.  Why  is  Congress  not  allowed  to  make  any  appropriation  for 
the  support  of  the  army  for  more  than  two  years  ? 

To  prevent  the  maintenance  of  a  standing  army  in 
time  of  peace,  without  the  continued  consent  of  the 
people. 

311.  How  often  are  the  appropriations  for  the  army  actually 
made? 

Every  year. 

312.  WTiat  is  all  the  legislation  that  would  be  necessary  at  any 
time  to  disband  the  army? 

All  that  would  be  necessary  for  this  purpose  would 


POWERS    GRANTED    TO    CONGRESS.  51 

be  for  the  Representatives  of  the  people  to  omit  pro- 
viding for  its  support  in  the  annual  appropriation  bill. 

313.  Repeat  Clause  XII. 

Clause  XIII.  Congress  shall  have  power ; 
"  To  provide  and  maintain  a  navy" 

314.  What  may  be  remarked  of  the  general  object  of  this  clause  ? 

Its  general  object  is  the  same  as  that  relating  to  the 
Army. 

315.  What  may  be  remarked  of  the  danger  of  maintaining  a 
large  naval  force  ? 

A  Navy  is  always  considered  less  dangerous  to  the 
liberties  of  a  country  than  a  standing  Army. 

Clause  XIV.  Congress  shall  have  power  ; 
"  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces." 

Clause  XV.  Congress  shall  have  power ; 

"  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions." 

316.  Why  is  Congress  intrusted  with  th's  power  to  call  out  the 
militia  ? 

To  enable  them  to  discharge  the  duty  of  maintain- 
ing the  public  peace. 

317.  What  would  be  the  alternative  if  this  power  was  not 
granted  ? 

It  would  be  necessary  to  maintain  a  standing  army. 

318.  What  is  to  be  observed  of  the  limitation  of  this  power? 

Congress  is  not  limited  either  in  regard  to  the  time 
jf  service,  or  the  place  of  operation. 

319.  What  is  inferred  from  the  use  of  the  word  "provide?" 

Congress  may  instruct  the  President  to  judge  of  the 


52  CONSTITUTION    OF    THE   UNITED    STATES. 

exigency,  and  to  call  out  the  militia,  in  certain  con 
tingencies,  during  the  recess  of  Congress. 

/        320.  Repeat  Clause  XV. 

Clause  XVI.  Congress  shall  have  power ; 

"  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  United  States ;  reserv- 
ing to  the  States  respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia,  accord- 
ing  to  the  discipline  prescribed  by  Congress" 

321.  Why  is  it  left  to  the  State  Governments  to  train  the  Militia 
and  appoint  the  officers  1 

The  Militia  is  considered  as  intended  mainly  for  the 
maintenance  of  the  State  Governments,  to  be  called 
out  by  the  General  Government  only  in  certain  special 
exigencies. 

322.  Why  is  the  organization  and  mode  of  discipline  left  to  bo 
prescribed  by  Congress  ? 

To  secure  uniformity  in  these  respects,  as  well  as 
efficiency  in  case  of  actual  service. 

323.  Repeat  Clause  XVI. 

Clause  XVII.  Congress  shall  have  power ; 

"  To  exercise  exclusive  legislation  in  all  cases  what- 
soever, over  such  district  {not  exceeding  ten  miles  square,} 
as  may,  by  cession  of  particular  States,  and  the  accept- 
ance of  Congress,  become  the  seat  of  the  Government  of 
the  United  States,  and  to  exercise  like  authority  over  all 
places,  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  efforts 
magazines,  arsenals,  dockyards,  and  other  needful  build* 
irrgs" 

324.  To  what  does  this  clause  principally  relate  ? 

To  the  seat  of  the  National  Government. 


V 


POWERS    DENIED    TO    THE    UNITED    ST.VTES.  53 

325.  What  limit  is  prescribed  by  the  Constitution  as  to  the  extent 
of  country  to  be  occupied  as  the  Seat  of  Government? 

It  shall  not  exceed  ten  miles  square. 

326.  What  other  limitation  is  given  ?  "* 

The  place  selected  must  be  ceded  for  that  purpose 
by  the  State  or  States  within  which  it  lies. 

327.  What  provision  is  made  in  regard  to  places  occupied  by  the 
United  States  for  forts,  arsenals,  dockyards,  &c.  ? 

If  purchased  by  the  consent  of  the  State  Legisla- 
ture, the  General  Government  acquires  exclusive  ju- 
risdiction over  them,  as  in  the  case  of  the  Seat  of 
Government. 

328.  Repeat  Clause  XVII. 

Clause  XVIII.  Congress  shall  have  power ; 

"  To  make  all  laivs  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 
other  powers  nested  by  this  Constitution  in  the  Govern- 
ment  of  the  United  States,  or  in  any  department  or  officer 
thereof" 

329.  How  is  this  clause  to  be  considered? 

Merely  as  declaratory  of  what  is  actually  implied 
in  the  other  provisions  of  the  Constitution. 

330.  Why  was  it  deemed  necessary  to  make  such  a  declaration  ? 

Because  in  the  Articles  of  Confederation  there  was 
an  express  declaration  to  the  contrary  effect,  that  is, 
prohibiting  Congress  from  the  exercise  of  any  powrers 
not  expressly  granted. 

331.  Repeat  Clause  XVIII. 


Section  IX.  Powers  denied  to  the  United  States. 
Clause    I.    "  The  migration   or   importation   of  such 
persons,  as  any  of  the  States,  now  existing,  shall  think 

5* 


54  CONSTITUTION    OF    THE    UNITED    STATES. 

proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
inrior  to  the  year  one  thousand  eight  hundred  and  eight ; 
hut  a  tax  or  duty  may  be  imposed  on  such  importation 
not  exceeding  ten  dollars  for  each  person" 

332.  To  what  does  this  clause  relate  ? 

To  the  abolition  of  the  foreign  Slave  Trade. 

333.  Were  any  attempts  made  before  the  American  Revolution  tc 
prevent  the  importation  of  slaves  into  this  country  ? 

Several  of  the  Colonies,  before  the  Revolution, 
passed  laws  prohibiting  the  importation  of  slaves  ;  but 
these  laws  were  negatived  by  the  British  Government. 

334.  What  was  the  earliest  period  fixed  upon  in  the  Constitutioc 
for  putting  an  end  to  the  importation  of  slaves  ? 

The  year  1808. 

335.  What  hindrance  to  the  importation  could  Congress  interpose, 
without  directly  prohibiting  it  ? 

A  tax  of  ten  dollars  upon  every  person  so  imported. 

336.  When  was  the  importation  actually  prohibited  ? 

Congress  passed  a  Bill  in  1807,  prohibiting  the  im- 
portation of  slaves  after  January  1,  1808. 

337.  When  was  the  importation  into  the  British  Colonies  pro 
hibited  ? 

The  same  year,  1808. 

Repeat  Clause  I. 

Clause  II.  "  The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended  unless  when,  in  cases  of 
rebellion  or  invasion,  the  public  safety  may  require  it" 

338.  What  is  the  object  of  this  clause  ? 

To  prevent  illegal  imprisonment. 

339.  What  remedy  has  a  person  who  thinks  himself  illegally  coo 
fined  or  imprisoned  ? 

He  petitions  the  judge   to  be  brought  into   open 


POWERS    DENIED    TO    THE    UNITED    STATES.  55 

Court,  in  order  that  the  cause  of  his  imprisonment 
may  be  inquired  into. 

340.  What  is  the  meaning  of  the  words  habeas  corpus  7 
"  That  you  have  the  body" 

341.  How  are  these  words  used  ?  \ 

The  judge  orders  the  person  who  holds  another 
under  confinement,  to  this  effect :  "  See  that  you  have 
the  body"  (produce  the  person  in  open  court,)  to  be 
submitted  to  the  decision  of  the  judge. 

342.  When  may  Congress  suspend  this  privilege  ? 

In  cases  of  rebellion  and  invasion. 

343.  Why  were  they  prohibited  from  suspending  it  in  all  other 
cases  ? 

To  preserve  the  citizens  of  the  United  States  from 
the  oppressions  that  had  been  practised  in  Great 
Britain  by  the  frequent  suspension  of  this  privilege. 

344.  Repeat  Clause  II. 

% 

clause  iii.  •■  No  bill  of  attainder,  or  ex  post  facto 
law,  shall  be  passed" 

345.  What  is  a  Bill  of  attainder? 

A  Bill  passed  by  the  Legislature,  convicting  a  per- 
son of  crimes,  and  punishing  him  therefor,  without  a 
regular  trial. 

346.  What  is  the  objection  to  a  bill  of  attainder  ? 

It  deprives  the  citizen  of  his  inalienable  right  of  trial 
by  jury. 

347.  What  are  ex  post  facto  laws? 

Laws  made  after  the  act  is  done. 

348.  What  is  the  operation  of  an  ex  post  facto  law  ? 

When  an  act  has  been  done  against  which  there 
was  no  law,  a  law  may  be  afterwards  passed,  decla- 


ftfl  CONSTITUTION    OF    THE    UNITED    STATES. 

ring  the  act  to  have  been  a  crime,  and  punishing  it 
accordingly. 

349.  Is  Congress  allowed  to  pass  such  laws  ? 

It  is  not. 

350.  Repeat  Clause  III. 

Clause  IV.  "  No  capitation  or  other  direct  tax,  shall 
be  laid,  unless  in  proportion  to  the  census  or  enumeration, 
herein  before  directed  to  be  taken" 

351.  What  is  the  object  of  this  clause  ? 

\     To  prevent  Congress  from  laying  the  burdens  of 
Igovernment  unequally  upon  different  portions  of  the 
'.republic. 
1  ^ 

Clause  V.  "  No  tax  or  duty  shall  be  laid  on  articles 
exported  from  any  State,  No  preference  shall  be  given 
by  any  regulation  of  commerce  or  revenue,  to  the  ports  of 
one  State  over  those  of  another  ;  nor  shall  vessels  bound 
to,  or  from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
duties,  in  another" 

352.  What  is  the  object  of  the  first  part  of  this  clause  ? 

To  prevent  Congress  from  injuring  the  interests  of 
any  one  of  the  States. 

353.  How  might  this  be  done  ? 

By  laying  a  tax  upon  the  export  of  its  staple  pro- 
ductions. 

354    What  is  the  object  of  the  next  part  of  the  clause  ? 

To  prevent  any  preference  of  the  ports  of  one  State 
to  those  of  another. 

355.  .To  what  does  the  last  part  of  the  clause  refer  ? 

To  the  practice,  which  existed  previous  to  the  Re-  m 
volution,  of  requiring  all  vessels  from  the  Colonies,  no 
matter  to  what  part  of  the  world  they  were  bound,  to 


POWERS    DENIED    TO    THE    UNITED    STATES.  57 

go  by  way  of  Great  Britain,   and  sail   to  and  from 
some  British  port. 

356.  What  was  the  object  of  that  system  ? 

To  throw  ail  the  commerce  of  the  Colonies  into  the 
hands  of  the  British. 

357.  What  is  the  object  of  this  prohibition  in  the  Constitution  ? 

To  prevent  Congress  from  putting  the  commerce  of 
the  country  under  the  control  of  any  particular  sec- 
tion. 

358.  Repeat  Clauses  IV.  and  V. 

Clause  VI.  "  No  money  shall  be  drawn  from  the  trea- 
sury, but  in  consequence  of  appropriations  made  by  laic; 
and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published,  from 
time  to  time" 

359.  What  is  forbidden  in  the  first  part  of  this  clause? 

Drawing  money  from  the  Treasury,  except  in  con- 
sequence of  appropriations  made  by  law. 

360.  What  is  required  in  the  latter  part  of  the  clause  ? 

Government  is  required  to  publish  a  full  account  of 
its  receipts  and  expenditures. 

361.  What  is  the  object  of  these  provisions  ? 

To  make  both  the  Legislature  and  the  Executive 
duly  responsible  for  the  use  of  the  public  money. 

362.  Repeat  Clause  VI. 

Clause  VII.  "  No  title  of  nobility  shall  be  granted  by 
the  United  States :  And  no  person,  holding  any  office  of 
profit  or  trust  under  them,  shall,  without  the  consent  of  the 
Congress,  accept  of  any  present,  emolument,  office,  or  title, 
of  any  Jcind  whatever,  from  any  Icing,  prince,  or  foreign 
state" 

363.  Why  are  titles  of  nobility  prohibited  ? 


58  CONSTITUTION    OF    THE    UNITED    STATES. 

Because   in   this   country  all   citizens   have    equa. 
rights. 

364.  Why  are  officers  of  Government  forbidden  to  receive  any 
present,  emolument,  office  or  title,  from  foreign  States  or  Princes  ? 

To   prevent   foreign  governments  from  unduly  in- 
fluencing our  affairs. 

365.  Repeat  Clause  VII. 


Section  X.  Powers  denied  to  the  States. 
Clause  I.  "  No  State  shall  enter  into  any  treaty,  al- 
liance, or  confederation  ;  grant  letters  of  marque  and  re- 
prisal ;  coin  money  ;  emit  bills  of  credit ;  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts  ; 
pass  any  bill  of  attainder,  ex  post  facto  law,  or  laic  im- 
pairing the  obligation  of  contracts,  or  grant  any  title  of 
nobility," 

366.  Why  should  no  State  be  allowed  to  enter  into  any  treaty, 
alliance,  or  confederation? 

Such  a  privilege  would  conflict  with  the  powers 
granted  to  the  General  Government. 

367.  Why  should  no  State  be  allowed  to  grant  letters  of  marque 
and  reprisal  ? 

Such  a  privilege  would  enable  one  State,  at  its 
pleasure,  to  involve  all  the  others  in  a  general  war. 

363.  Why  should  no  State  be  allowed  to  coin  money  ? 

Such  a  privilege  would  lead  to  the  introduction  of  a 
currency  exceedingly  various  and  changeable,  instead 
of  that  simple  and  uniform  currency  which  we  now 
have. 

369.  What  is  alluded  to  in  the  prohibition  to  issue  bills  of  credit  ? 

The  currency  which  existed  during  the  Revolu- 
tionary War,  and  which  was  called  "  Continental 
money." 

370.  What  is  here  meant  by  "  Bills  of  Credit"? 


POWERS    DENIED    TO    THE    STATES,  59 

Paper  money;  or  promises  to  pay,  issued  by  a 
State,  in  such  a  way,  as  to  be  used  as  a  circulating 
medium, 

371.  Is  this  phrase  interpreted  to  prohibit  a  State  from  borrowing 

vioney  hy  giving  its  bonds  ? 

It  is  not. 

372.  What  fact  is  alluded  to  in  the  prohibition  to  make  anything 
But  gold  and  silver  coin  a  tender  for  the  payment  of  debts  ? 

During  the  Revolutionary  War,  laws  were  passed 
requiring  the  people  to  receive  the  Continental  money 
at  its  par  value,  in  payment  of  debts, 

373.  What  is  a  legal  tender  ? 

Such  an  offer  of  payment  as  the  creditor  is  obliged 
to  accept,  or  forfeit  his  claim  to  interest, 

374.  Have  bills  of  attainder,  or  tx  pest  facto  laws,  ever  been 
passed  in  this  country  ? 

During  the  Revolutionary  War,  the  States  confis- 
cated the  property  of  those  who  espoused  the  cause 
of  the  mother  country. 

375.  What  instances  have  occurred  in  our  history  of  "  laws  im- 
pairing the  obligation  of  contracts  "? 

The  laws,  making  the  depreciated  Continental  mo- 
ney a  legal  tender,  and  various  laws  of  the  same  kind, 
passed  by  the  States  during  the  Revolutionary  War. 

376.  Are  the  States  prohibited  from  making  insolvent  laws,  dis- 
charging contracts  in  certain  cases  ?  • 

The  Supreme  Court  has  decided  that  the  States 
may  pass  such  laws  in  reference  to  future  contracts, 
but  not  to  those  which  are  pasL 

377.  Repeat  the  whole  of  Clause  I. 

Clause  II,  "  No  State  shall,  without  the  consent  of 
the  Congress,  lay  any  imposts  or  duties  on  imports  or  ex- 
ports,  except   xchat  may  he  absolutely  necessary  for  exe* 


60  CONSTITUTION    OF    THE    UNITED    STATES. 

cuting  its  inspection  laws  ;  and  the  net  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  ex- 
ports, shall  be  for  the  use  of  the  treasury  of  the  Unitca 
States;  and  all  such  laws  shall  be  subject  to  the  revisior. 
and  control  of  the  Congress.  No  State  shall,  without  tin 
consent  of  Congress,  lay  any  duty  on  tonnage,  keep  troops, 
or  ships  of  war,  in  time  of  peace,  enter  into  any  agree- 
ment or  compact  with  another  State,  or  with  a  foreign 
power,  or  engage  in  war,  unless  actually  invaded,  or  in 
such  imminent  danger,  as  will  not  admit  of  delay" 

378.  What  is  the  object  of  the  first  part  of  this  clause  ? 

To  prevent  the  States  from  making  laws,  interfering 
with  the  general  authority  of  Congress,  to  regulate 
commerce. 

379.  What  is  necessary  before  any  State  can  lay  any  imposts  or 
duties  on  imports  or  exports  ? 

The  consent  of  Congress. 

380.  What  are  inspection  laws? 

Laws  requiring  certain  articles,  raised  in  a  State, 
to  be  examined  and  approved  before  exportation. 

381.  What  is  the  object  of  such  laws? 

To  improve  the  quality  of  the  articles  exported. 

382.  What  is  done  with  the  net  produce  of  all  duties  laid  by  the 
States  for  this  purpose  ? 

It  goes  into  the  Treasury  of  the  United  States. 

383.  What  still  further  limitation  is  put  upon  this  power  of  the 
States  ? 

The  laws  passed  for  this  purpose  are  subject  to  the 
revision  of  Congress. 

384.  What  would  be  the  consequence  of  allowing  the  States  to 
maintain  troops  and  ships  of  war  ? 

It  would  endanger  the  public  safety. 

385.  Why  should  not  the  States  be  allowed  to  enter  into  compact 
with  each  other  or  with  foreign  States  ? 


PRESIDENT    AND    VICE-PRESIDENT.  61 

Such   compacts    would    be   incompatible   with  the 
safety  of  the  Union. 

386.  In  what  case  may  the  States  engage  in  war  ? 

When  actually  invaded,  or  in  such  imminent  danger 
as  will  not  admit  of  delay. 

3S7.  Repeat  Clause  II. 


ARTICLE  II.  Executive  Department. 
Section  I.  President  and  Vice-President. 

Clause  I.  "  The  Executive  power  shall  be  vested  in  a 
President  of  the  United  States  of  America,  He  shall 
hold  his  office  during  the  term  of  four  years,  and  together 
with  the  Vice-President,  chosen  for  the  same  term,  be 
elected  as  follows :" 

388.  In  whom  is  the  Executive  power  of  the  United  States  vested  ? 
In  the  President. 

389.  For'how  long  a  term  is  the  President  elected? 

For  four  years. 

390.  What  other  executive  officer  is  chosen  at  the  same  time  and 
for  the  same  period  ? 

The  Vice-President. 

391.  How  does  the  President's  term  of  service  compare  with  that 
of  Senators  and  Representatives  ? 

It  is  between  the  two;  that  of  Senators  being  six 
years,  that  of  Representatives  two. 

392.  What  advantage  results  from  this  arrangement  ? 

The  different  departments  of  government  are  never 
all  dissolved  at  the  same  time. 

393.  What  evil  might  result  from  a  shorter  term  of  service  ? 

Sudden   fluctuations   in  the  policy  of  the  Genera] 
Government. 
6 


62  CONSTITUTION    OF    THE    UNITED    STATES. 

394.  What  danger  might  be  apprehended  from  too  long  a  term  of 
service  ? 

It  might  tend  to  make  the  Executive  independent  of 
the  will  of  the  people. 

395.  Repeat  Clause  I. 

Clause  II.  "  Each  State  shall  appoint,  in  such  man- 
ner as  the  Legislature  thereof  may  direct,  a  number  of 
Electors,  equal  to  the  whole  number  of  Senators  and 
Representatives,  to  which  the  State  may  be  entitled  in  the 
Congress:  but  no  Senator  or  Representative,  or  person 
holding  an  office  of  trust  or  profit,  under  the  United  States, 
shall  be  appointed  an  Elector" 

396.  For  what  docs  this  clause  provide  ? 

For  the  appointment  of  Electors,  to  choose  the  Pre- 
sident and  Vice-President. 

397.  How  are  these  Electors  appointed  ? 

In  such  manner  as  the  Legislature  of  each  State 
may  direct. 

398.  To  how  many  Electors  is  each  State  entitled  ? 

To  as  many  as  the  whole  number  of  Senators  and 
Representatives  to  which  the  State  may  be  entitled  in 
Congress. 

399.  What  persons  are  disqualified  from  being  appointed  Electors? 

Senators,  Representatives,  and  all  persons  holding 
any  office  of  trust  or  profit  under  the  United  States. 

400.  Repeat  Clause  II. 

[Clause  III.  "  The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  of  whom  one,  at  least,  shall  not  be 
an  inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a  list  of  all  the  persons  voted  for,  and  of  the  number  of  votes 
for  each ;  which  list  they  shall  sign  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the 


PRESIDENT    AND    VICE-rRESIDENT.  63 

certificates,  and  the  votes  shall  then  be  counted.  The  person  having 
the  greatest  number  of  votes  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  Electors  appointed ;  and  if 
there  be  more  than  one,  who  have  such  majority,  and  have  an  equal 
number  of  votes,  then  the  House  of  Representatives  shall  immediately 
choose,  by  ballot,  one  of  them  for  President ;  and  if  no  person  have  a 
majority,  then,  from  the  five  highest  on  the  list,  the  said  House  shall, 
in  like  manner,  choose  the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  States,  the  representation  from  each  State 
having  one  vote ;  a  quorum  for  this  purpose,  shall  consist  of  a  member 
or  members  from  two-thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice 
of  the  President,  the  person  having  the  greatest  number  of  votes  of 
the  Electors  shall  be  the  Vice-President.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the  Senate  shall  choose  from 
them,  by  ballot,  the  Vice-President."] 

N.  B.  This  clause  has  since  been  repealed.  It  is  quoted  here 
merely  for  reference,  and  not  to  be  learned  by  the  pupil.  Instead  of 
learning  it,  he  should  study  the  following,  which  is  Article  XII.  of 
the  Amendments,  and  which  contains  the  present  mode  of  electing 
the  President  and  Vice-President.  This  Amendment  is  treated  of 
here,  because  of  its  connexion  with  the  present  subject. 

Amendment,  Article  XII. 

Mode  of  choosing  the  President  and  Vice-President. 

Clause  I.  "  The  Electors  shall  meet  in  their  respective 
States,  and  vote  by  ballot  for  President  and  Vice-Presi- 
dent, one  of  ivhom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  State  with  themselves  ;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct 
ballots  the  person  voted  for  as  Vice-President ;  and  they 
shall  make  distinct  lists  of  all  persons  voted  for  as  Presi- 
dent, and  of  all  persons  voted  for  as  Vice-President,  and 
of  the  number  of  votes  for  each,  which  lists  they  shall  sign, 
and  certify,  and  transmit,  sealed,  to  the  seat  of  the  govern- 
ment  of  the  United  States,  directed  to  the  President  of  the 
Senate ;  the  President  of  the  Senate  shall,  in  the  presence 


64  CONSTITUTION    OF    THE    UNITED    STATES. 

of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  Electors  appointed.  ;  and  if  no  person  have  such 
majority,  then,  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three,  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.  But  in  choosing  the 
President,  the  votes  shall  be  taken  by  States,  the  represen- 
tation from  each  State  having  one  vote ;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from 
tivo-thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President,  whenever 
the  right  to  choose  shall  devolve  upon  them,  before  the 
fourth  day  of  March  next  following,  then  the  Vice-Presi- 
dent shall  act  as  President,  as  in  case  of  the  death,  or 
other  constitutional  disability,  of  the  President." 

Clause  II.  "  The  person  having  the  greatest  number  of 
votes  as  Vice-President  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed  ;  and  if  no  person  have  a  majority,  then,  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall 
consist  of  tivo-thirds  of  the  whole  number  of  Senators  ;  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice" 

Clause  III.  "  But  no  person  constitutionally  ineligible 
to  the  office  of  President,  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States." 

401.  Where  do  the  Electors  meet  ? 

In  their  respective  States. 

402.  What  is  prescribed  in  regard  to  their  mode  of  voting  T 


PRESIDENT    AND    VICE-PRESIDENT.  65 

It  shall  be  by  ballot. 

403.  What  is  the  object  of  not  allowing  them  to  select  Doth  Pre 
lident  and  Vice-President  from  the  same  State  with  themse'ves? 

To  prevent  local  partialities. 

404.  How  are  they  required  to  make  their  ballots  ? 

They  shall  name  in  their  ballots  the  person  votei* 
for  as  President,  and  in  distinct  ballots,  the  person 
voted  for  as  Vice-President. 

405.  How  does  this  differ  from  the  former  mode  of  balloting  ? 

Before  the  amendment  of  the  Constitution,  the 
Electors  in  each  State  voted  for  two  persons  as  can- 
didates for  the  Presidency.  When  the  votes  of  all  the 
States  were  collected,  the  one  who  had  the  greatest 
number  of  votes  was  President ;  the  one  who  had  the 
next  greatest  number  was  Vice-President.  By  the 
present  plan,  the  votes  for  President  and  Vice-Presi- 
dent are  distinct. 

406.  What  provision  is  made  to  prevent  mistake  in  regard  to  the 
result  of  the  balloting  ? 

The  Electors  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as 
Vice-President,  and  of  the  number  of  votes  for  each. 

407.  What  provision  is  made  to  prevent  fraud  ? 

The  Electors  shall  sign,  certify,  and  seal  the  lists 
which  contain  the  result  of  their  votes. 

408.  Where  do  they  send  these  lists  ? 

To  the  Seat  of  Government. 

409.  To  whom  ? 

To  the  President  of  the  Senate.  ^ 

410.  Repeat  that  part  of  the  Clause  which  relates  to  what  is  done 
by  the  Electors  in  each  Siate. 

"  The  Electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  President  and  Vice-President, 
one  of  whom,  at  lea«=f,   shall  not  be  an  inhabitant  o 
6* 


66  CONSTITUTION    OF    THE    UNITED    STATES. 

the  same  State  with  themselves ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice-President ; 
and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice- 
President,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign,  and  certify,  and  transmit,  sealed, 
to  the  seat  of  the  Government  of  the  United  States, 
directed  to  the  President  of  the  Senate." 

411.  What  provision  is  made  to  prevent  frauds  in  counting  the 
votes  at  the  Seat  of  Government  ? 

The  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted. 

412.  What  number  of  Electoral  votes  is  necessary  to  an  election? 

A  majority  of  the  whole  number. 

413.  Why  should  not  a  person  be  elected  who  had  a  plurality  of 
votes  ? 

In  case  there  were  several  candidates,  a  person 
might  be  elected  by  a  small  number  of  votes,  against 
the  wishes  of  a  large  majority  of  the  people. 

414.  Repeat  that  part  of  the  clause  which  relates  to  the  counting 
of  the  votes,  and  the  number  necessary  to  a  choice. 

"  The  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted ; 
the  person  having  the  greatest  number  of  votes  for 
President,  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed." 

415.  What  is  to  be  done,  in  case  no  candidate  has  a  majority  of 
the  whole  number  of  votes  ? 

The  House  of  Representatives  shall  elect  a  Presi- 
dent. 

416.  By  ballot,  or  viva  voce  ? 


PRESIDENT    AND    VICE-rRESIDENT.  6? 

By  ballot. 

417.  When? 
Immediately. 

418.  How  arc  they  limited  in  their  choice  ? 

To  the  three  candidates  highest  on  the  list. 

419.  How  was  it,  in  this  respect,  before  the  Amendment  ? 

The  House  chose  from  ihe  five  highest. 

420.  In  what  manner  shall  the  votes  of  the  House  be  taken  in 
choosing  the  President  ? 

By  States ;  the  Representation  from  each  State 
having  but  one  vote. 

421.  What  States  are  favoured  by  this  mode  of  voting? 

The  small  States.  The  smallest  State  has,  in  such 
a  case,  as  much  weight  as  the  largest. 

422.  What  States  have  the  preponderance  when  a  choice  is  made 
by  the  Electors  ? 

The  large  States. 

423.  In  choosing  the  President  by  the  House,  what  is  necessary 
to  make  a  quorum  of  the  House  ? 

A  Member  or  Members  from  two-thirds  of  the 
States. 

424.  What  number  of  States  is  necessary  to  a  choice  by  the 
House  ? 

A  majority  of  all  the  States. 

425.  Repeat  that  part  of  the  clause  which  relates  to  the  election 
of  President  by  the  House. 

"  If  no  person  have  such  majority,  then,  from  the 
persons  having  the  highest  numbers,  not  exceeding 
three,  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately, 
by  ballot,  the  President.  But  in  choosing  the  Presi- 
dent, the  votes  shall  be  taken  by  States,  the  Re- 
presentation from  each  State  having  one  vote;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or 


3£  CONSTITUTION    OF    THE    UNITED    STATES. 

members  from  two-thirds  of  the  States,  and  a  majority 
of  all  the  States  shall  be  necessary  to  a  choice." 

426.  If  the  right  of  choice  devolves  upon  the  House,  and  they  faii 
immediately  to  choose  a  President,  how  long  can  this  duty  be 
deferred  ? 

Not  longer  than  the  4th  of  March  next  following. 

427.  Why  is  that  day  particularly  named? 

Because  the  existing  President's  term  of  office  ex- 
pires on  that  day. 

428.  In  case  the  House  fail  to  make  a  choice  before  the  4th  of 
March,  who  succeeds  to  the  Presidency  ? 

The  Vice-President. 

429.  Repeat  that  part  of  the  clause  which  relates  to  the  failure  of 
the  House  to  choose  a  President. 

"And  if  the  House  of  Representatives  shall  not 
choose  a  President,  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March 
next  following,  then  the  Vice-President  shall  act  as 
President,  as  in  case  of  the  death,  or  other  constitu- 
tional disability  of  the  President." 

430.  What  number  of  Electoral  votes  is  necessary  to  elect  the 
Vice-President  ? 

A  majority  of  the  whole  number. 

431.  In  case  no  one  of  the  candidates  has  such  a  majority,  how  ia 
the  Vice-President  elected  ? 

By  the  Senate. 

432.  How  is  the  Senate  limited  in  its  choice  ? 

To  the  two  candidates  highest  on  the  list. 

433.  What  constitutes  a  quorum  of  the  Senate  for  choosing  th4 
Vice-President? 

Two-thirds  of  the  whole  number  of  Senators. 

434.  What  number  of  Senators  is  necessary  to  a  choice  ?  j 

A  majority  of  the  whole  number. 


PRESIDENT    AND    VICE-PRESIDENT.  69 

435.  Does  the  Senate,  in  choosing1  the  Vice-President,  vote  by 
States  ? 

It  does  not. 

436.  Repeat  the  clause  relating  to  the  election  of  Vice-President 

"  The  person  having  the  greatest  number  of  votes 
as  Vice-President,  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  no  person  have  a  majority,  then, 
from  the  two  highest  numbers  on  the  list,  the  Senate 
shall  choose  the  Vice-President ;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  number 
of  Senators ;  a  majority  of  the  whole  number  shall  be 
necessary  to  a  choice." 

437.  Why  are  the  same  qualifications  required  of  the  Vice-Presi- 
dent as  of  the  President  ? 

Because,  in  certain  cases,  the  Vice-President  suc- 
ceeds to  the  office  of  President. 

438.  Repeat  the  clause  referring  to  this. 

"But  no  person  constitutionally  ineligible  to  the  of- 
fice of  President,  shall  be  eligible  to  that  of  Vice-Pre- 
sident of  the  United  States." 

p  439.  Repeat  the  whole  of  the  Amendment  relating  to  the  mode  of 
choosing  President  and  Vice-President. 

Clause  IV.  "  The  Congress  may  determine  the  time  of 
choosing  the  Electors,  and  the  day  on  which  they  shall 
give  their  votes  ;  which  day  shall  be  the  same  throughout 
the  United  States." 

440.  How  is  the  time  of  choosing  Presidential  Electors  determined  ? 

By  Congress. 

441    What  is  this  choice  of  Electors  generally  called  ? 

The  Presidental  election. 

442.  Is  the  day  for  choosing  Electors  the  same  throughout  th* 

States  ?       . 


70  CONSTITUTION    OF    THE    UNITED    STATES. 

It  is.  By  act  of  Congress,  of  January  23d,  1845, 
the  electors  are  to  be  chosen  in  each  State  on  the  Tues- 
day next  after  the  first  Monday  in  November. 

443.  How  is  the  day  on  which  the  Electors  shall  vote  for  Presi- 
dent and  Vice-President  determined  ? 

That  also  is  determined  by  Congress. 

444.  Under  what  limitation  ? 

That  it  shall  be  the  same  throughout  the  United 
States. 

445.  What  is  the  object  of  this  provision  ? 

To  prevent  fraudulent  combinations. 

446.  Repeat  Clause  IV. 

Clause  V.  "  No  person,  except  a  natural-born  citizen, 
or  a  citizen  of  the  United  States  at  the  time  of  the  adop- 
tion of  this  Constitution,  shall  be  eligible  to  the  office  of 
President;  neither  shall  any  person  be  eligible  to  that 
office  ivho  shall  not  have  attained  to  the  age  of  thirty-five 
years,  and  been  fourteen  years  a  resident  within  the  United 
States. 

447.  To  what  does  this  clause  relate  ? 

To  the  qualifications  of  the  President. 

448.  Of  what  age  must  a  person  be,  before  he  can  be  eligible  to 
the  office  of  President  ? 

Thirty-five  years. 

449.  How  long  must  he  have  been  a  resident  in  the  United  States  T 

Fourteen  years. 

450.  Does  this  exclude  from  the  office  persons  who  are  abroad  in 
the  public  service  ? 

It  does  not. 

451.  What  is  required  in  regard  to  birth  ? 

The  candidate  must  be  a  natural  born  citizen. 

452.  What  temporary  exception  was  made  to  this  rule  ? 

An  exception  in  favour  of  those  who  were  citizens 
at  the  time  of  the  adoption  of  the  Constitution. 


PRESIDENT    AND    VICE-PRESIDENT.  71 

453.  Why  was  this  exception  then  made  ? 

From  gratitude  to  those  distinguished  foreigners 
who  had  taken  part  with  us  during  the  Revolution. 

454.  Repeat  Clause  V. 

Clause  VI.  "  In  case  of  the  removal  of  the  President 
from  office,  or  of  his  death,  resignation,  or  inability  to 
discharge  the  'powers  and  duties  of  the  said  office,  the 
same  shall  devolve  on  the  Vice-President,  and  the  Con- 
gress may  by  law  provide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice- 
President,  declaring  what  officer  shall  then  act  as  Presi- 
dent, and  such  officer  shall  act  accordingly,  until  the 
disability  be  removed,  or  a  President  shall  be  elected." 

455.  When  does  the  office  of  President  devolve  on  the  Vice-Pre 
sident  ? 

In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge 
the  powers  and  duties  of  said  office. 

456.  In  case  of  the  removal,  death,  resignation,  or  inability  of 
both  President  and  Vice-President,  what  is  to  be  done  ? 

Congress  may,  by  law,  provide  for  such  a  case, 
declaring  what  officer  shall  then  act  as  President. 

457.  How  long  shall  such  officer  act  ? 

Until  the  disability  shall  be  removed,  or  a  President 
shall  be  elected. 

458.  Repeat  Clause  VI. 

Clause  VII.  "  The  President  shall,  at  stated  times, 
receive  for  his  services,  a  compensation,  which  shall  neither 
be  increased  nor  diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he  shall  not  receive  within 
that  period,  any  other  emolument  from  the  United  States, 
or  any  of  them" 


72  CONSTITUTION    OF    THE    UNITED    STATES. 

459.  Why  should  a  compensation  be  granted  to  the  President? 

The  expense  of  the  office  might  otherwise  exclude 
persons  in  moderate  circumstances. 

460.  Why  should  this  compensation  not  be  increased  during  the 
continuance  of  a  President  in  office  ? 

A  corrupt  President  might  abuse  the  patronage  of 
his  office,  in  order  to  get  such  increase  of  emolument. 

401.  Why  should  the  compensation  not  be  diminished  during  the 
continuance  of  a  President  in  office  ? 

If  Congress  had  the  power  of  diminishing  indefinitely 
the  compensation  of  the  President,  it  would  go  far  to 
destroy  his  independence. 

462.  What  other  restriction  is  put  upon  the  compensation  of  the 
President  ? 

He  shall  not  receive,  within  that  period,  any  other 
emolument  from  the  United  States,  or  any  of  them. 

463.  Repeat  Clause  VII. 

Clauses  VIII.  and  IX.  "  Before  he  enter  on  the  execu- 
tion of  his  office,  he  shall  take  the  following  oath  or  affirm- 
ation: '  I  do  solemnly  swear  (or  affirm),  that  I  will  faith- 
fully execute  the  office  of  President  of  the  United  States 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  Constitution  of  the  United  States?  " 

464.  What  must  the  President  do  before  entermg  upon  his  office  7 

He  must  take  an  oath  to  perform  faithfully  the 
duties  of  his  office. 

465.  What  are  the  words  of  this  Oatli  ? 

Section  II.  Powers  of  the  President. 

Clause  I.  "  The  President  shall  be  commander-in 
ehief  of  the  army  and  navy  of  the  United  States,  and  of 


POWERS    OF   THE    PRESIDENT.  73 

the  militia  of  the  several  States,  when  called  into  the  actual 
service  of  the  United  States  ;  he  may  require  the  opinion , 
in  writing,  of  the  principal  officer  in  each  of  the  executive 
departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices,  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment" 

466.  What  military  and  naval  command  does  the  President  hold  ? 

He  is  Commander-in-chief  of  the  Army  arid  Navy 
of  the  United  States,  and  of  the  Militia  of  the  several 
States,  when  called  into  the  actual  service  of  the 
United  States. 

467.  Why  should  the  command  of  the  Army  and  Navy  be  in- 
trusted to  the  President,  rather  than  to  Congress  ? 

Because  military  and  naval  operations  require  a 
degree  of  promptitude  and  unity,  which  could  not  be 
obtained  in  a  numerous  body  like  Congress. 

468.  What  may  the  President  require  of  the  Heads  of  Depart- 
ments ? 

He  may  require  their  opinion,  in  writing,  upon  any 
subject  relating  to  the  duties  of  their  respective  of- 
fices. 

469.  Has  the  President  any  pardoning  power  ? 

He  has  power  to  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in  cases  of 
impeachment. 

470.  In  what  manner  is  the  pardoning  power  sometimes  useful  ? 

It  enables  the  Executive,  by  a  promise  of  pardon  to 
one  criminal,  to  detect  and  punish  others. 

471.  In  what  case  has  the  President  no  power  of  pardon? 

In  cases  of  impeachment. 

472.  Repeat  Clause  I. 

Clause  II.  "He  (the  President)  shall  have  power,  by  and 
7 


74  CONSTITUTION    OF    THE    UNITED    STATES. 

with  the  advice  and  consent  of  the  Senate,  to  make  treaties, 
provided  two-thirds  of  the  Senators  present  concur  ;  and  he 
shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public  minis- 
ters, and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which  shall  be  estab- 
lished by  law  :  but  the  Congress  may  by  law  vest  the  ap- 
pointment of  such  inferior  officers,  as  they  think  proper, 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads 
of  Departments" 

473.  To  what  does  the  first  part  of  this  clause  relate  ? 

To  the  treaty-making  power. 

474.  By  whom  are  Treaties  made  ? 

By  the  President. 

475.  How  is  the  President  limited  in  making  a  Treaty  ? 

It  must  be  by  and  with  the  advice  and  consent  of 
the  Senate. 

476.  How  large  a  vote  of  the  Senate  is  necessary  to  confirm  a 
Treaty  ? 

Two-thirds  of  the  Senators  present. 

477.  To  what  does  the  next  part  of  this  clause  relate  i 

The  power  of  appointing  officers. 

478.  What  officers  are  appointed  by  the  President  ? 

Ambassadors ;  other  public  Ministers  and  Consuls ; 
Judges  of  the  Supreme  Court ;  and  all  other  officers 
of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which  shall  bo  es- 
tablished by  law. 

479.  What  limitation  is  put  upon  the  appointing  power  of  tha 
President  ? 

The  appointments  here  named  must  be  made  by  and 
with  the  advice  and  consent  of  the  Senate. 


POWERS    OF    THE    PRESIDENT.  75 

480.  What  provision  is  made  in  the  Constitution,  in  regard  to  the 
appointment  of  inferior  officers  ? 

Congress  may,  by  law,  vest  the  appointment  of  such 
inferior  officers  as  they  think  proper,  in  the  President 
alone,  in  the  Courts  of  Law,  or  in  the  Heads  of  De- 
partments. 

481.  Is  any  provision  made  in  the  Constitution  for  the  removal  of 
persons  from  office  ? 

There  is  not. 

482.  To  whom  has  the  power  of  removal  been  given  in  practice  ? 
To  the  President. 

483.  Repeat  Clause  II. 

Clause  III.  "  The  President  shall  have  power  to  Jill  up 
all  vacancies  that  may  happen,  during  the  recess  of  the 
Senate,  by  granting  commissions,  which  shall  expire  at 
the  end  of  their  next  session" 

484.  What  provision  is  made  for  vacancies  that  may  happen 
during  the  recess  of  the  Senate  ? 

The  President  has  power  to  fill  such  vacancies. 

485.  For  how  long  a  time  do  the  commissions  thus  granted  con- 
tinue i 

They  expire  at  the  end  of  the  next  session  of  the 
Senate. 

486.  Why  was  it  necessary  to  make  some  provison  for  temporary 
appointments  of  this  sort  to  fill  vacancies  ? 

As  these  vacancies  are  continually  occurring,  by 
death,  resignation,  or  otherwise,  the  operations  of  the 
Government  would  be  liable  to  serious  embarrassments, 
unless  the  Senate  was  kept  in  perpetual  session. 


76  CONSTITUTION    OF   THE    UNITED    STATES. 

Section  III.  Duties  of  the  President. 

"  He  shall,  from  time  to  time,  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend 
to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient ;  he  may,  on  extraordinary  occa- 
sions, convene  both  Houses,  or  either  of  them,  and  in  cate 
of  disagreement  between  them,  with  respect  to  the  time 
of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers ;  he  shall  take  care  that  the  laics 
be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  United  States" 

487.  To  what  does  the  first  part  of  this  section  relate  ? 

The  Messages  of  the  President  to  Congress. 

488.  Is  the  duty  of  sending  Messages  to  Congress  optional  with 
the  President  ? 

It  is  not ;  it  is  obligatory. 

489.  If  this  duty  were  not  required  of  the  President,  what  ob- 
jection might  possibly  be  made  to  the  practice  ? 

It  might  be  objected  to,  as  an  improper  interference 
of  the  Executive  with  the  Legislative  Department. 

490.  Why  is  it  important  that  the  President  should  communicate 
in  this  manner  with  Congress  ? 

The  Executive  Department  is  necessarily  better  in- 
formed than  any  other  Department,  of  the  wants  and 
resources  of  the  nation,  and  of  the  other  facts  which 
form  the  appropriate  basis  for  legislation. 

491.  What  is  the  President,  in  his  Messages  to  Congress,  required 
to  do? 

He  is  required  to  give  information  of  the  state  of 
the  Union,  and  to  recommend  to  their  consideration 
such  measures,  as  he  Shall  judge  necessary  and  ex- 
pedient. ^ 


DUTIES    OF    THE    PRESIDENT.  77 

492.  What  provision  is  made  in  regard  to  Extra  Sessions  a>f 
Congress  ? 

The  President  may,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them. 

493.  What  provision  is  made,  in  case  of  disagreement  of  the 
Houses,  with  respect  to  the  time  of  adjournment  ? 

The  President  may  adjourn  them  to  such  time  as 
lie  shall  think  proper. 

494.  To  whom  is  given  the  power  of  receiving  Ambassadors,  and 
other  public  Ministers  ? 

To  the  President. 

495.  To  what  danger  is  the  exercise  of  this  power  liable  ? 

In  cases  of  revolution  in  foreign  governments,  or  of 
a  division  of  a  foreign  kingdom  into  two  governments, 
the  reception  of  an  Ambassador  or  Minister  from 
one  government,  might  be  construed  by  the  other  into 
an  act  of  hostility. 

496.  What  general  duty  is  required  of  the  President  in  regard  tu 
the  laws  of  the  United  States  ? 

He  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted. 

497.  What  is  the  supreme  law  of  the  land  ? 

The  Constitution  itself,  and  all  treaties  and  laws 
made  under  it. 

498.  What  is  the  last  duty  required  of  the  President  ? 

He  is  required  to  commission  all  the  officers  of  the 
United  States. 

499.  Does  this  include  those  not  appointed  by  him  ? 

It  does.  f 

500.  What  is  the  propriety  of  this  provision  ? 

All  officers  of  the  United  States  should  possess 
some  proper  voucher  of  their  rjght  to  office. 

501.  Repeat  Section  III. 

7#  * 


78  CONSTITUTION    OF   THE    UNITED    STATES. 

Section  IV.  Impeachment  of  the  President. 

"  The  President,  Vice-President,  and  all  civil  officers 
of  the  United  States,  shall  be  removed  from  office,  on  im- 
peachment for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanours." 

502.  Who  are  liable  to  impeachment? 

The  President,  Vice-President,  and  all  civil  officers 
of  the  United  States. 

503.  Who  are  meant  by  officers  of  the  United  States  ? 

Officers  deriving  their  appointments  from  the  Na- 
tional Government. 

504.  Does  this  include  Members  of  Congress  ? 

It  does  not. 

505.  What  officers  of  the  United  States  are  there  besides  civil 
officers  ? 

Military  and  Naval  officers. 

506.  Are  the  officers  of  the  Army  and  Navy  liable  to  impeach- 
ment? 

They  are  not 

507.  Who  are  the  persons  chiefly  meant,  besides  the  President 
and  Vice-President  ? 

Heads  of  Departments ;  Judges  of  the  Supreme 
Court ;  Marshals,  Collectors,  District  Attorneys,  &c. 

508.  For  what  offences  are  these  officers  liable  to  impeachment  ? 

For  treason,  bribery,  or  other  high  crimes  and 
misdemeanours. 

509.  What  is  the  extent  of  the  penalty  in  cases  of  impeachment  1 

Removal  from  office,  and  disqualification  to  holr 
office  in  future. 

510   Repeat  Section  IV. 


■* 


UNITED    STATES    COURTS.  79 

NL     ARTICLE  III.  Judicial  Department. 
Section  I.  United  States  Courts. 

"  The  Judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may,  from  time  to  time,  ordain  and  estab- 
lish. The  judges,  both  of  the  Supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behaviour, 
and  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  con- 
tinuance  in  office. 

511.  Where  is  the  Judicial  power  of  the  United  States  vested? 

In  one  Supreme  Court,  and  such  other  courts  as 
Congress  may  from  time  to  time  establish. 

512.  Has  Government  any  discretion  in  regard  to  the  establish, 
ment  of  a  Supreme  Court  ? 

It  has  not.  The  establishment  of  one  Supreme 
Court  is  positively  required. 

513.  Why  is  a  Supreme  Court  absolutely  essential? 

To  insure  uniformity  in  the  interpretation  of  the  laws. 

514.  What  discretion  has  Congress  in  the  matter? 

Congress  has  the  power  of  deciding  whether  any 
inferior  Courts  shall  be  established. 

515.  What  are  the  inferior  Courts,  established  by  Congress, 
called  ? 

District  Courts,  and  Circuit  Courts. 

516.  How  many  of  these  Courts  have  been  established  by  Con- 
gress ? 

Forty-two  District  Courts,  and  nine  Circuit  Courts. 

517.  How  arc  the  Judges  of  all  the  United  States  Courts  ap. 
pointed  ? 

By  the  President,  by  and  with  the  advice  and  con- 
sent of  the  Senate. 


80  CONSTITUTION    OF    THE    UNITED    STATES. 

518.  What  is  their  tenure  of  office  ? 
During  good  behaviour. 

519.  Why  is  this  considered  better   than   appointing  them  for 
term  of  years  ? 

It  makes  them  more  independent  in  their  decisions. 

520.  What  provision  is  made  in  regard  to  their  compensation? 

They  shall  at  stated  times  receive  for  their  ser- 
vices, a  compensation,  which  shall  not  be  diminished 
during  their  continuance  in  office. 

521.  Why  is  Congress  not  allowed  to  diminish  a  Judge's  salary 
during  his  continuance  in  office? 

Such  a  power  would  enable  Congress  to  overawe 
the  Judges. 

522.  Are  the  Judges  entirely  irresponsible  ? 

They  maybe  impeached  for  misconduct. 

523.  Repeat  Section  I. 


Section  II.  Jurisdiction  of  the  United  States  Courts. 

Clause  I.  "  The  Judicial  poicer  shall  extend  to  all 
cases,  in  law  and  equity,  arising  under  this  Constitution, 
the  laws  of  the  United  States,  and  treaties  made,  or  which 
shall  be  made,  under  their  authority  ;  to  all  cases  affect- 
ing ambassadors,  other  public  ministers,  and  consuls  ;  to 
all  cases  of  admiralty  and  maritime  jurisdiction  ;  to  con- 
troversies to  which  the  United  States  shall  be  a  party  ;  to 
controversies  between  two  or  more  States,  between  a  State 
and  citizens  of  another  State,  between  citizens  of  different 
States,  between  citizens  of  the  same  State,  claiming  lands 
under  grants  of  different  States,  and  between  a  State,  or 
the  citizens  thereof,  and  foreign  States,  citizens  or  sub 
jects" 

524.  To  what  does  this  clause  relate  ? 


JURISDICTION    OF    THE    UNITED    STATES    COURTS.        81 

To   the  extent  of  the  jurisdiction   of  the   United 
States  Courts. 

525.  Are   the   cases   over  which  they   exercise  jurisdiction  nu- 
merous ? 

They  are. 

526.  What  is  the   first   class  of  cases   which   may  be  brought 
before  them  ? 

Cases  arising  under  the  Constitution  and  Laws  of 
the  United  States,  and  Treaties  made  by  them. 

527.  Why  should  the  United  States  Courts  have  the  power  of 
judging  in  all  such  cases  ? 

Because  the  Judicial  power  should  always  be  co- 
extensive with  the  Legislative  and  Executive  powers. 

528.  What  is  the  second  class  of  cases  which  may  be  brought 
before  the  United  States  Courts? 

Cases  affecting  Ambassadors,  other  public  Ministers, 
and  Consuls. 

529.  -To  what  laws  are  foreign  ministers  amenable  ? 

To  the  law  of  nations,  and  the  laws  of  the  State 
from  which  they  are  sent. 

530.  Why  are  public  ministers  not  subject  to  the  particular  laws 
of  the  State  or  Nation  to  which  they  are  sent  ? 

Because  they  are  the  immediate  representatives  of 
the  national  sovereignty,  which  owes  no  subjection  to 
foreign  States. 

531.  Why  should  the  National  Courts  alone  have  jurisdiction  in 
cases  relating  to  foreign  ministers  ? 

Because  such  cases  always  involve  questions  of 
national  interest. 

532.  What  is  the  third  class  of  cases  which  may  be  brought 
(jefore  the  United  States  Courts  ? 

Cases  of  admiralty  and  maritime  jurisdiction. 

533.  In  what  two  ways  may  these  cases  arise  ? 


82  CONSTITUTION    OF    THE    UNITED    STATES. 

They  may  arise  either  out  of  acts  done  at  sea,  or 
out  of  rights  claimed  under  the  laws  of  commerce. 

534.  Why  should  acts  done  at  sea  be  tried  solely  by  the  National 
Courts  ? 

Because  such  acts  involve  questions  of  international 
law. 

535.  Why  should  rights  claimed  under  the  laws  of  commerce  be 
tried  solely  by  the  National  Courts  ? 

Because  the  regulation  of  commerce  is  given  ex- 
clusively to  the  General  Government. 

536.  What  is  the  fourth  class  of  cases  which  may  come  before  the 
United  States  Courts  ? 

Controversies  to  which  the  United  States  shall  be  a 
party. 

537.  What  would  be  the  consequence  of  not  allowing  the  General 
Government  to  sue  in  its  own  courts  ? 

The  United  States  would  be  compelled  to  sue  for 
their  rights  through  the  State  tribunals,  and  conse- 
quently become  subject  to  State  jurisdiction. 

538.  What  is  the  fifth  class  of  cases  which  may  come  before  the 
United  States  Courts  ? 

All  cases  in  which  the  parties  belong  to  different 
States,  or  claim  under  laws  of  different  States. 

539.  Enumerate  in  order  the  controversies  which  may  arise  from 
this  cause. 

1.  Between  two  or  more  States.  2.  Between  a 
State,  and  citizens  of  another  State.  3.  Between  citi- 
zens of  different  States.  4.  Between  citizens  of  the 
same  State,  claiming  lands  under  grants  of  different 
States.  5.  Between  a  State  or  its  citizens,  and  foreign 
States,  citizens  or  subjects. 

540.  Why  should  these  controversaries  be  decided  by  the  National 
Courts,  and  not  by  the  State  Courts  ? 


JURISDICTION    OF    THE    UNITED    STATES    COURTS.       83 

Because  the  several  States  would  naturally  be  in- 
clined to  favour  themselves,  and  their  own  citizens. 

541.  What  would  be  the  consequence  of  not  having  some  common 
and  impartial  umpire  to  decide  such  cases  ? 

Dissensions  among  the  States,  and  collisions  with 
foreign  States. 

542.  When  is  a  State  a  party  in  a  suit  ? 

Only  when  it  is  named  as  such  on  the  record. 

543.  Can  a  suit  be  brought  against  a  State  by  a  private  citizen  ? 

It  could,  as  the  Constitution  was  at  first.  An 
amendment  was  afterwards  adopted,  to  prevent  this. 

Amendment,  Article  XI 

"  The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  laic  or  equity,  com- 
menced, or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State  " 

544.  Why  was  this  amendment  adopted  ? 

Because  it  was  thought  derogatory  to  State  sove- 
reignty, to  allow  a  State  to  be  sued  by  a  private 
citizen. 

Clause  II.  "  In  all  cases  affecting  ambassadors,  other 
public  ministers,  and  consuls,  and  those  in  which  a  State 
shall  be  a  party,  the  Supreme  Court  shall  have  original 
jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  such  exceptions,  and  under  such 
regulations,  as  the  Congress  shall  maheP 

545.  To  what  does  this  clause  relate  ? 

To  the  jurisdiction  of  the  Supreme  Court. 

546.  What  two  kinds  of  jurisdiction  has  the  Supreme  Court? 

Original  and  Appellate. 


84  CONSTITUTION    OF    THE    UNITED    STATES. 

547.  What  is  original  jurisdiction? 

The  right  to  decide  a  case  which  has  been  before 
no  lower  Court  previously. 

548.  What  is  appellate  jurisdiction  ? 

The  right  to  decide  a  case  which  is  brought  up  by 
appeal  from  a  lower  Court. 

549.  In  what  cases  only  may  the  Supreme  Court  have  original 
jurisdiction? 

In  all  cases  affecting  ambassadors,  other  public  minis- 
ters, and  consuls,  and  those  in  which  a  State  shall  be  a 
party. 

550.  What  is  the  character  of  its  jurisdiction  in  all  the  other 
cases  to  which  the  judicial  power  of  the  United  States  extend  ? 

In  all  the  other  cases  before  mentioned,  the  Su- 
preme Court  shall  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  such  exceptions,  and  under  such 
regulations  as  the  Congress  shall  make. 

551.  Repeat  Clause  II. 

Clause  III.  "  The  trial  of  all  crimes,  except  in  cases 
of  impeachment,  shall  be  by  jury;  and  such  trial  shall 
he  held  in  the  State  where  the  said  crimes  shall  have  been 
committed  ;  but  when  not  committed  within  any  State,  the 
trial  shall  be  at  such  place,  or  places,  as  the  Congress 
may  by  law  have  directed" 

552.  To  what  does  the  first  part  of  this  clause  relate? 

The  mode  of  trial. 

553.  What  mode  of  trying  crimes  is  required  ? 
Trial  by  jury. 

554.  What  is  the  only  exception  to  this  rule  1 

The  case  of  impeachment. 

555.  How  has  the  right  of  trial  by  jury  ever  been  regarded  ra 
this  country  ? 

As  the  greatest  safeguard  for  personal  liberty. 

556.  To  what  does  the  latter  part  of  the  clause  relate  ? 


TREASON.  85 

The  place  of  trial. 

557.  Where  shall  the  trial  of  crimes  be  held  ? 

In  the  State  where  said  crimes  shall  have  been 
committed. 

558.  What  is  the  object  of  this  provision  ? 

To  prevent  the  accused  from  being  subjected  to  un- 
necessary expense  and  difficulty  in  procuring  testi- 
mony, and  to  secure  to  him  all  the  advantage  of  being 
tried  where  the  facts  are  most  likely  to  be  known. 

559.  Where  are  crimes  to  be  tried  which  are  committed  at  sea, 
or  not  within  the  jurisdiction  of  any  State  ? 

At  such  place,  or  places,  as  Congress  may  by  law 
have  directed. 

560.  Repeat  Clause  III. 


Section  III.   Treason. 

Clause  I.  "  Treason  against  the  United  States  shall 
consist  only  in  levying  war  against  them,  or  in  adhering 
to  their  enemies,  giving  them  aid  and  comfort.  No 
person  shall  be  convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  on  con- 
fession in  open  court." 

561.  What  does  the  first  part  of  this  clause  contain  ? 
A  definition  of  treason. 

562.  In  what  does  treason  against  the  United  States  consist  ? 

In  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort. 

563.  Why  was  it  thought  necessary  so  particularly  to  define  this 
crime  ? 

Because,  in  times  of  political  excitement,  acts  of  a 
much  less  heinous  character  have   often  been  exag 
gerated  and  construed  into  the  crime  of  treason. 
8 


86  CONSTITUTION    OF   THE    UNITED    STATES. 

564.  To  what  does  the  latter  part  of  this  clause  relate  ? 
The  proof  of  treason. 

565.  What  is  necessary  to  convict  a  person  of  treason  ? 

The  testimony  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court. 

566.  Why  is  the  testimony  of  two  witnesses  thought  necessary  ? 

To  protect  the  accused  party  against  misrepresen- 
tation. 

567.  Why  is  there  more  danger  of  misrepresentation  in  this,  than 
in  other  crimes  ? 

Because  the  charge  of  treason  is  generally  made  by 
interested  partisans,  and  in  times  of  great  political 
excitement. 

568.  Why  is  it  required  that  confession  of  ♦reason,  in  order  to  be 
valid  proof  of  guilt,  should  be  made  in  open  court  ? 

To  protect  the  accused  party  against  being  ruined 
by  hasty  and  unguarded  expressions,  and  against  being 
incorrectly  reported. 

569.  How  is  treason  to  be  regarded  ? 

As  the  worst  crime  against  society  that  can  be 
committed. 

570.  Repeat  Clause  I. 

Clause  II.  "  The  Congress  shall  have  power  to  declare 
the  'punishment  of  treason,  hut  no  attainder  of  treason 
shall  work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted" 

571.  To  what  does  this  clause  relate  ? 

The  punishment  of  treason. 

572.  What  provision  is  made  in  regard  to  the  punishment  of 
treason  ? 

It  is  left  to  Congress  to  declare  what  shall  be  the 
punishment  of  treason. 

573.  What  is  the  punishment  of  treason,  by  the  common  law  of 
England  ? 


STA.TE    RECORDS.  87 

The  traitor  is  to  be  taken  to  the  gallows  on  a 
hurdle,  hung  by  the  neck,  cut  down  alive,  his  entrails 
taken  out  and  burned  while  he  is  yet  alive,  his  head 
cut  off,  and  his  body  quartered ;  beside  the  forfeiture 
of  his  estate  and  the  corruption  of  his  blood. 

574.  What  has  Congress  declared  to  be  the  punishment  for  treason 
against  the  United  States? 

Death  by  hanging. 

575.  How  are  Congress  limited  in  declaring  the  punishment  of 
treason  ? 

No  attainder  of  treason  shall  work  corruption  of 
blood,  or  forfeiture,  except  during  the  life  of  the 
person  attainted. 

576.  What  is  mea:;t  by  an  attainder  of  treason? 

Conviction  of  the  crime  of  treason. 

577.  What  is  meant  by  corruption  of  blood? 

One,  whose  blood  is  corrupted,  cannot  inherit  pro- 
perty from  others,  nor  transmit  an  inheritance  to  his 
children ;  his  blood  ceases  to  have  any  inheritable 
qualities. 

578.  How  far  may  Congress  declare  an  estate  forfeited  ? 

Only  during  the  life  of  the  traitor. 

579.  Repeat  Clause  II. 


A 


ARTICLE  IV. 

Section  I.  State  Records. 

"  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records,  and  judicial  proceedings,  of  every 
other  State.  And  the  Congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts,  records,  and 
proceedings,  shall  be  proved,  and  the  effect  thereof." 


88  CONSTITUTION    OF   THE   UNITED    STATES. 

580.  How  shall  the  public  acts,  records,  and  judicial  proceedings 
of  one  State  be  regarded  ? 

Full  faith  and  credit  shall  be  given  to  them  in  every 
other  State. 

581.  To  whom  is  it  left  to  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings,  shall  be  proved  ? 

To  Congress. 

582.  What  else  may  Congress  prescribe  i 

The  effect  of  such  acts,  records  and  proceedings. 

583.  What  would  be  the  consequence  of  not  having  some  provi- 
sion of  this  sort  ? 

When  a  legal  investigation  and  decision  had  been 
made  in  one  State,  it  might  be  necessary  to  repeat  the 
same  in  every  State  to  which  the  parties  should  go. 

584.  Repeat  Section  I. 


Section  II.  Privileges  of  Citizens,  fyc. 

Clause  I.  "  The  citizens  of  each  State  shall  be  enti- 
tled to  all  privileges  and  immunities  of  citizens  in  the 
several  States" 

585.  What  is  the  object  of  this  provision  ? 

To  prevent  the  States  from  giving  unjust  prefer- 
ences to  their  own  citizens. 

586.  What  is  the  effect  of  such  preferences  7 

Alienation  and  discontents. 

587.  Repeat  Clause  I. 

Clause  II.  "  A  person  charged  in  any  State  with  trea- 
son, felony,  or  other  crime,  ivho  shall  flee  from  justice,  and 
be  found  in  another  State,  shall,  on  demand  of  the  execu- 
tive authority  of  the  State  from  which  he  fled,  be  delivered 
up,  to  be  removed  to  the  State  having  jurisdiction  of  the 
crime" 


NEW    STATES    AND    TERRITORIES.  89 

588.  To  what  does  this  clause  relate  ? 

To  the  restoration  of  fugitive  criminals. 

589.  If  a  person,  charged  in  any  State  with  treason,  felony,  or 
;ihoi  crime,  flee  fiom  justice,  and  be  found  in  another  State,  who 
las  the  right  to  claim  him  ? 

The  Executive  authority  of  the  State  from  which 
ne  may  have  fled. 

590.  What  shall  be  done  in  such  a  case  ? 

He  shall  be  delivered  up,  to  be  removed  to  the 
State  having  jurisdiction  of  the  crime. 

591.  Repeat  Clause  II. 

Clause  III.  "  No  person  held  to  service  or  labour  in 
one  State,  under  the  laws  thereof,  escaping  into  another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labour,  but  shall  be  deli- 
vered up  on  claim  of  the  party  to  whom  such  service  or 
labour  may  be  due" 

592.  To  what  does  this  clause  relate  ? 

To  the  restoration  of  fugitive  slaves. 

593.  If  a  person  held  to  service  or  labour  in  one  State,  under  tho 
laws  thereof,  escape  into  another,  can  such  other  State,  by  any  law  or 
regulation,  discharge  said  person  from  his  service  or  labour  ? 

It  cannot. 

594.  What  shall  be  done  in  such  a  care  ? 

The  person  shall  be  delivered  jp,  on  the  claim  of 
the  party  to  whom  such  service  or  labour  may  be  due. 

595.  Repeat  Clause  III. 


Section  III.  New  States  and  Territories. 

Clause  I.  "  New  States  may  be  admitted  by  the  Con- 
gress into  this  Union  ;  but  no  new  State  shall  be  formed, 
or  erected,  within  the  jurisdiction  of  any  other  State;  nor 
any  State  be  formed,  by  the  junction  of  two  or  more  States, 
8* 


00  CONSTITUTION    OF    THE    UNITED    STATES. 

or  parts  of  States,  without  the  consent  of  the  legislatures 
of  the  States  concerned,  as  well  as  of  the  Congress" 

596.  To  what  does  this  clause  relate? 

The  admission  of  new  States  into  the  Union. 

597.  What  Department  of  Government  has  the  power  of  admitting 
new  States  into  the  Union  ? 

Congress. 

598.  In  what  two  cases  is  this  power  denied  to  Congress  ? 

When  a  new  State  is  to  be  formed  within  the  juris- 
diction of  any  other  State,  or  by  the  junction  of  two 
or  more  States,  or  parts  of  States. 

599.  What  is  necessary  in  such  a  case  ? 

The  consent  of  the  States  concerned,  as  well  as  of 
Congress. 

600.  Repeat  Clause  I. 

Clause  II.  "  The  Congress  shall  have  power  to  dispose, 
of  and  make  all  needful  rules  and  regulations  respecting 
the  territory,  or  other  property,  belonging  to  the  United 
States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the  United  States,  or 
of  any  particular  State" 

601.  To  what  does  this  clause  relate? 

To  the  government  of  the  Territories  of  the  United 
States. 

602.  What  power  is  given  to  Congress  in  this  respect  ? 

Congress  shall  have  power  to  dispose  of,  and  make 
all  needful  rules  and  regulations  respecting,  the  terri- 
tory, or  other  property,  belonging  to  the  United  States. 

603.  What  limitation  is  put  upon  this  power  of  Congress  over  the 
Territories  ? 

Nothing  in  this  Constitution  shall  be  so  construed 
as  to  prejudice  any  claims  of  the  United  States,  or  of 
any  particular  State. 


GUARANTEE    TO    THE    STATES.  91 

604.  What  was  the  cause  of  inserting  this  limitation  ? 

At  the  time  of  the  adoption  of  the  Constitution, 
;here  were  in  the  Western  Territory  certain  contested 
dtles,  which,  however,  have  since  been  settled. 

605.  Repeat  Clause  II. 


Section  IV.  Guarantee  to  the  States. 

"  The  United  States  shall  guaranty  to  every  State  in 
this  Union  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion ;  and,  on  applica- 
tion of  the  legislature,  or  of  the  executive  (when  the  legis- 
lature cannot  be  convened),  against  domestic  violence" 

606.  What  shall  the  United  States  guaranty  to  every  State  in  this 
Union  ? 

A  republican  form  of  government. 

607.  What  would  be  the  consequence  of  one  State  adopting  a 
monarchical  form  of  government  ? 

It  might  endanger  the  liberties  of  the  other  States. 

608.  For  whom  is  this  guarantee  principally  intended  ? 

For  the  people  of  each  State,  to  secure  them  against 
the  anti-republican  machinations  of  demagogues. 

609.  What  do  the  United  States  further  undertake  ? 

To  protect  each  of  the  States  against  invasion. 

610.  What  is  the  last  thing,  mentioned  in  this  clause,  which  thf 
United  States  undertake  ? 

To  protect  each  of  the  States  against  domestic 
violence. 

611.  To  what  does  this  relate  ? 

To  the  case  of  domestic  insurrections  or  riots. 

612.  What  is  necessary,  in  such  a  case,  to  obtain  the  assistance 
of  the  United  States  ? 


92  CONSTITUTION    OF    THE    UNITED    STATES. 

An  application  of  the  Legislature  of  the  State,  or  if 
they  cannot  be  convened,  of  the  Executive. 

613.  Repeat  Section  IV. 

*      * 

ARTICLE  V.  Power  of  Amendment. 

"  The  Congress,  whenever  two-thirds  of  both  Houses 
chall  deem  it  necessary,  shall  propose  amendments  to  this 
Constitution,  or,  on  the  application  of  the  legislatures  of 
two -thirds  of  the  several  States,  shall  call  a  convention 
for  proposing  amendments,  which,  in  either  case,  shall  be 
valid  to  all  intents  and  purposes,  as  part  of  this  Constitu- 
tion, when  ratified  by  the  legislatures  of  three-fourths  of 
the  several  States,  or  by  conventions  in  three-fourths 
thereof,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  the  Congress ;  Provided,  that  no  amend- 
ment, which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall,  in  any  manner,  affect  the 
first  and  fourth  clauses  in  the  ninth  section  of  the  first 
article ;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  Senate" 

614.  For  what  does  this  article  provide  ? 

The  mode  of  making  amendments  to  the  Consti- 
tution. 

615.  Why  was  it  thought  necessary  to  provide  for  amending  the 
Constitution  ? 

The  Constitution  of  the  United  States  was  an  expe- 
riment in  the  history  of  nations,  and  its  practical  ope- 
ration could  not  with  certainty  be  foreseen. 

61  6.  What  would  be  the  consequence  of  having  a  fixed  Constitu 
tion,  without  any  peaceable  means  of  amendment  ? 

In.  case  any  of  its  provisions  worked  badly,  they 
would  either  be  silently  neglected,  or  the  Constitution 
itself  broken  up  by  a  revolution. 


POWHR    OF    AMENDMENT.  93 

617.  What  should  be  guarded  against  in  providing  for  amend- 
ments ? 

The  mode  of  making  an  amendment  should  not  be 
so  easy  as  to  lead  to  changes  without  serious  cause,  or 
proper  deliberation. 

618.  In  what  two  ways  may  amendments  be  proposed  ? 

By  Congress,  or  by  a  Convention  called  for  the 
purpose. 

619.  When  may  Congress  by  itself  propose  amendments  ? 

Whenever  two-thirds  of  both  Houses  deem  it  ne- 
cessary. 

620.  When  shall  Congress  call  a  Convention  for  proposing 
amendments  ? 

On  application  of  the  Legislatures  of  two-thirds  of 
the  several  States. 

621.  When  an  amendment  has  been  proposed  by  Congress,  or  by 
a  Convention,  in  how  many  ways  may  it  be  ratified  ? 

In  two  ways. 

622.  What  is  the  first  mode  of  ratifying  a  proposed  amendment  ? 

By  the  State  Legislatures. 

623.  What  is  the  other  mode  ? 

By  Conventions  in  the  States,  called  for  the  purpose. 

624.  What  proportion  of  the  States  must,  in  one  of  these  ways 
ratify  an  amendment  before  it  can  be  adopted  ? 

Three-fourths. 

625.  How  is  the  mode  of  ratification  in  any  particular  case  de- 
termined ? 

By  Congress. 

626.  What  is  the  effect  of  an  amendment  when  thus  proposed 
and  ratified  ? 

It  shall  be  valid,  to  all  intents  and  purposes,  as  a 
part  of  the  Constitution. 

627.  What  temporary  limitation  was  made  to  the  power  of 
amendment  ? 

No   amendment,    which   might   be    made  prior  to 


94  CONSTITUTION    OF    THE    UNITED    STATES. 

1808,  should,  in  any  manner,  affect  the  first  and  fourth 
Clauses,  in  the  Ninth  Section  of  Article  I. 

628.  To  what  does  the  first  of  these  clauses  relate  ?     ' 

To  the  importation  of  slaves. 

629.  To  what  does  the  other  clause  relate  ? 

To  the  apportionment  of  taxes. 

630.  What  permanent   limitation   was   made   to   the   power  of 
amendment  ? 

No  State,  without  its  consent,  shall  be  deprived  of 
its  equal  suffrage  in  the  Senate. 

631.  How  many  amendments  to  the  Constitution  have  already 
been  proposed  and  ratified  ? 

Twelve.     * 

632.  Repeat  Article  V. 


ARTICLE    VI.    Public   Debt,  Supremacy  of  the 
Constitution,  Oath  of  Office,  Religious  Test. 

Clause  I.  "  All  debts  contracted,  and  engagements 
entered  into,  before  the  adoption  of  this  Constitution, 
shall  be  as  valid  against  the  United  States,  under  this 
Constitution,  as  under  the  Confederation" 

633.  To  what  does  this  clause  relate  ? 

To  the  assumption  by  the  United  States  of  the  debts 
contracted  under  the  Confederation. 

634.  What  is  the  acknowledged  law  of  nations  on  this  subject  ? 

The  obligation  of  a  national  debt  continues,  not- 
withstanding any  changes  in  its  form  of  government. 

635.  Why  was  it  deemed  advisable,  in  adopting  the  Constitution, 
to  make  a  formal  declaration  on  the  subject  ? 

To  allay  any  apprehensions  of  the  public  creditors* 

636.  Repeat  Clause  I. 


PUBLIC    DEBT,    ETC.  95 

Clause  II.  "  This  Constitution,  and  the  laics  of  the 
United  States  which  shall  be  made  in  pursuance  thereof, 
and  all  treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme  laxo 
of  the  land  ;  and  the  judges  in  every  State  shall  be  bound 
thereby,  anything  in  the  Constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding" 

637.  What  is  declared  in  regard  to  the  Constitution,  and  the  Laws 
and  Treaties  made  under  it  by  the  United  States  ? 

They  are  declared  to  be  the  supreme  law  of  the  land. 

638.  What  provision  is  made  in  the  latter  part  of  the  clause  to  se- 
cure this  supremacy  ? 

The  Judges  in  every  State  are  bound  by  them,  any- 
thing in  the  Constitution  or  laws  of  any  State  to  the 
contrary  notwithstanding. 

639.  Repeat  Clause  II. 

Clause  III.  "  The  Senators  and  Representatives  before 
mentioned,  and  the  members  of  the  several  State  legisla- 
tures, and  all  executive  and  judicial  officers,  both  of  the 
United  States,  and  of  the  several  States,  shall  be  bound, 
by  oath  or  affirmation,  to  support  this  Constitution ;  but 
no  religious  test  shall  ever  be  required  as  a  qualification 
to  any  office  or  public  trust  under  the  United  States" 

640.  Who  are  required  to  bind  themselves  by  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States  ? 

The  Senators  and  Representatives,  the  members  of 
tne  several  State  Legislatures,  and  all  Executive  and 
Judicial  officers,  both  of  the  United  States,  and  of  the 
several  States. 

641.  Why  are  the  legislators  and  officers  of  the  several  States 
required  to  bind  themselves  to  support  the  Constitution  of  the  United 
States  ? 

Because  the  State  Governments  have  a  necessary 


96  CONSTITUTION    OF    THE    UNITED    STATES. 

and  important  agency  in  carrying  the  Constitution  of 
the  United  States  into  effect. 

642.  Give  an  example  in  which  the  action  of  the  State  Govcn^ 
ments  is  necessary  to  the  operations  of  the  National  Government. 

The  election  of  United  States  Senators  depends,  in 
all  cases,  upon  the  action  of  the  State  Legislatures. 

643.  What  prohibition  is  made  in  regard  to  religious  tests  ? 

No  religious  test  shall  ever  be  required  as  a  qualifi- 
cation to  any  office  or  public  trust  under  the  United 
States. 

ARTICLE  VII.  Ratification  of  the  Constitution. 

"  The  ratification  of  the  Conventions  of  nine  States 
shall  be  sufficient  for  the  establishment  of  this  Constitution 
between  the  States  so  ratifying  the  same." 

644.  What  was  necessary  for  the  establishment  of  the  Constitu- 
tion '/• 

Its  ratification  by  nine  of  the  States. 

645.  Would  its  ratification  by  only  nine  States  have  made  it 
obligatory  upon  the  four  other  States  ? 

It  would  not. 

646.  On  whom  would  it  have  been  obligatory  in  such  a  case  ? 

Only  upon  the  States  so  ratifying  it. 

647.  By  how  many  of  the  States  was  it  at  first  ratified  ? 

By  eleven. 

648.  Which  of  the  States  did  not  adopt  the  Constitution  till  after 
it  had  gone  into  operation  ? 

Rhode  Island  and  North  Carolina. 


*- 


AMENDMENTS  TO  THE  CONSTITUTION. 


C49.  How  are  the  first  ten  articles  of  the  Amendments  to  be  regarded  ? 
As  a  Bill  of  Rights. 

650.  What  is  a  Bill  of  Rights? 

A  formal  declaration  of  certain  rights  belonging  to  the  people  as 
individuals,  and  not  delegated  in  forming  the  National  and  State 
Governments; 

651.  Is  not  the  whole  Constitution  in  the  nature  of  a  Bill  of  Rights? 

It  is.  Most  of  the  things,  usually  specified  in  a  Bill  of  Rights,  are 
cither  expressly  provided,  or  tacitly  implied  in  the  Constitution. 

652.  Why  was  it  thought  expedient  to  make  a  more  formal  declaration  on  the 
subject? 

On  account  of  the  extreme  jealousy  of  the  American  people  re- 
specting both  personal  and  political  liberty. 

653.  What  was  one  of  the  prominent  objections  against  the  adoption  of  the 
Constitution? 

The  want  of  a  Bill  of  Rights. 

654.  What  was  done  to  obviate  this  defect  ? 

Congress,  immediately  after  the  ratification  of  the  Constitution, 
took  measures  for  its  amendment,  by  the  adoption  of  ten  Articles, 
which  are  almost  entirely  declaratory  in  their  character. 


ARTICLE  I.  Freedom  of  Rljligion,  &c. 
"  Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof  or  abridging 
the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  peo- 
ple peaceably  to  assemble,  and  to  petition  the  government  for  a 
redress  of  grievances." 

655.  What  is  the  first  prohibition  upon  Congress  in  reference  to  the  subject 
of  relfgion  ? 

Congress   shall   make    no   law  respecting    an    establishment  of 
religion. 

656.  What  other  restriction  is  put  upon  Congress  in  regard  to  religion? 
It  shall  make  no  law  prohibiting  the  free  exercise  thereof. 

657.  How  is  Congress  restricted  in  regard  to  the  freedom  of  speech,  and  of  the 
press  ? 

It  shall  make  no  law  abridging  the  same. 

658.  How  is  Congress  restricted  in  regard  to  the  right  of  petition? 

It  shall  make  no  law  abridging  the  right  of  the  people  peaceably 
to  assemble  and  petition  the  Government  for  a  redress  of  grievances. 
9  (07) 


98  AMENDMENTS    TO    THE    CONSTITUTION. 

ARTICLE  II.  Right  to  bear  Arms. 
"  A  well  regulated  militia  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed." 

(559.  What  is  here  declared  of  a  well  regulated  militia  ? 
It  is  declared  to  be  necessary  to  the  security  of  a  free  State. 
6C0.  What  are  some  of  the  obvious  advantages  of  maintaining  the  militia? 
A  certain  amount  of  military  organization  among  the  people,  and 
a  large  quantity  of  arms  always  in  their  hands. 

661.  By  what  means  have  usurpers  commonly  overthrown  the  liberties  of  a 
country? 

By  disarming  the  people,  and  maintaining  an  armed  soldiery. 


ARTICLE  III.  Quartering  Soldiers  on  Citizens. 
"  No   soldier  shall,   in   time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner  ;  nor,  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law." 

("62.  From  what  did  this  provision  originate? 

From  the  custom  which  has  often  prevailed  in  times  of  violence, 
of  billeting  soldiers  upon  private  citizens,  without  regard  to  the  rights 
or  convenience  of  the  latter. 


ARTICLE  IV.  Search  Warrants. 
"  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
'papers  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated ;  and  no  warrants  shall  issue,  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  and  particu- 
larly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized." 

663.  What  right  is  it  declared  in  this  article  shall  not  be  violated? 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
and  effects,  against  unreasonable  searches  and  seizures. 

664.  What  is  the  only  condition  upon  which  warrants  can  issue  ? 

No  warrants  shall  issue,  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place  to  be 
searched,  and  the  person  or  things  to  be  seized. 


ARTICLE  V.  Trial  for  Crime,  Sic. 
"  No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise  infamous  crime,  unless  on  a  presentment  or  indictment  of 
a  grand  jury,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia,  when  in  actual  service,  in  time  of  war, 
or  public  danger ;  nor  shall  any  person  be  subject,  for  the 
same  offence,  to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor 
shall  be  compelled  in  any  criminal  case,  to  be  a  witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property,  without 


RIGHTS  OF  ACCUSED  PERSONS.  99 

due  process  of  law ;  nor  shall  private  property  be  taken  for 
public  use,  without  just  compensation." 

665.  What  process  is  necessary  before  a  person  can  be  held  to  answer  for  a 
capital,  or  otherwise  infamous  crime  ? 

A  presentment  or  indictment  of  a  Grand  Jury. 

660.  What  class  of  crimes  is  exempt  from  this  mode  of  proceeding? 

Cases  arising  in  the  land  or  naval  forces. 

667.  How  are  such  cases  always  tried? 
By  Courts-Martial. 

668.  When  are  offences  in  the  militia  tried  by  a  Court-Martial  ? 

Only  when  in  actual  service,  in  time  of  war  or  public  danger. 

669.  Can  a  person  who  has  been  convicted  or  acquitted,  be  tried  a  second 
time  for  the  same  offence  ? 

No  person  shall  be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb. 

670.  Can  a  person  be  obliged  to  testify  against  himself? 

No  person  shall  be  compelled,  in  any  criminal  case,  to  be  a  witness 
against  himself. 

671.  What  is  the  next  provision  ? 

No  person  shall  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law. 

672.  What  is  the  last  provision  ? 

Nor    shall   private  property  be  taken  for  public  use,   without  just 
compensation. 


ARTICLE  VI.  Rights  of  Accused  Persons. 
"  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained  by  law ; 
and  to  be  informed  of  the  nature  and  cause  of  the  accusation  ; 
to  be  confronted  with  the  witnesses  against  him  ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favour  ;  and  to 
have  the  assistance  of  counsel  for  his  defence." 

673.  In  all  criminal  prosecutions,  what  right  shall  the  accused  enjoy? 
The  right  to  a  speedy  and  a  public  trial. 

674.  By  whom  shall  the  accused  be  tried? 

By  an  impartial  jury  of  the  State  and  district  wherein  the  crime 
shall  have  been  committed. 

675.  What  provision  is  made  in  regard  to  the  district  in  which  he  shall  b« 
tried? 

It  must  be  in  some  district  previously  ascertained  by  law. 

676.  Of  what  has  the  accused  the  right  to  be  informed? 
Of  the  nature  and  cause  of  the  accusation. 

677.  What  right  has  he  in  regard  to  the  witnesses  against  him? 
The  right  to  be  confronted  with  them. 

678.  What  right  is  secured  in  regard  to  testimony  and  counsel  ? 

The  right  to  have  compulsory  process  for   obtaining  witnesses  in 
his  favour,  and  to  have  the  assistance  of  counsel  for  his  defence. 


100  AMENDMENTS    TO   THE    CONSTITUTION. 

ARTICLE  VII.  Suits  at  Common  Laav. 
"  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be 
preserved ;  and  no  fact,  tried  by  a  jury,  shall  be  otherwise  re- 
examined in  any  court  of  the  United  States,  than  according  to 
the  rules  of  the  common  law" 

670.  How  far  is  the  right  of  trial  by  jury  preserved  in  suits  at  common  law? 

Whenever  the  valu  j  in  controversy  shall  exceed  twenty  dollars. 

€80.  What  provision  is  made  in  regard  to  the  re-examination  of  facts  once 
tried  by  a  jury  1 

No  fact,  tried  by  a  jury,  shall  be  otherwise  re-examined  in  any 
Court  of  the  United  States,  than  according  to  the  rules  of  the  com- 
mon law. 


ARTICLE  VIII.  Excessive  Bail. 

"  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishment  inflicted." 

081.  What  historical  fact  is  to  be  noted  in  regard  to  this  irovision  ? 

It  is  an  exact  copy  of  a  clause  in  the  Bill  of  Rights,  adopted  in 
England  during  the  Revolution  of  1688. 


ARTICLE  IX. 
"  The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people" 

682.  What  is  the  object  of  this  provision? 

To  prevent  the  conclusion,  that  the  rights  enumerated  in  the  pre- 
vious articles,  were  all  that  belonged  to  the  public. 


ARTICLE  X. 
"  The  poivers  not  granted  to  the  United  States  by  the  Con* 
stitution  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people." 

N.  B.  Article  XI.  being  an  amendment  limiting  in  a  certain  case  the  jurisdic- 
tion of  the  Judiciary,  was  treated  of  under  that  head,  page  83. 

Article  XII.  being  an  amendment  in  regard  to  the  mode  of  electing  President 
and  Vice  President,  was  treated  of  under  the  head  jf  the  Executive  Depart- 
meat,  p.  $3. 


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Logic.  Designed  as  a  Manual  of  Instruction.  By  Henry 
Coppee,  A.  M.,  Professor  of  English  Literature  in  the  Univer- 
sity of  Pennsylvania ;  and  late  Principal  Assistant  Professor 
of  Ethics  and  English  Studies  in  the  United  States  Military 
Academy  at  West  Point Price  $0.75 

Coppee's  Elements  of  Khetoric.     Elements 

of  Rhetoric.  Designed  as  a  Manual  of  Instruction.  By 
Henry  Coppee,  A.M.,  author  of  "Elements  of  Logic,"  etc. 
New  edition,  revised.     .....         Price  $1.00 

Tenney's  Geology.     Geology;  for  Teachers, 

Classes,  and  Private  Students.  By  Sanborn  Tenney,  A.M., 
Lecturer  on  Physical  Geography  and  Natural  History  in  the 
Massachusetts  Teachers'  Institutes.  Illustrated  with  Two 
Hundred  Wood  Engravings.  .  -         Price  $1.13 

Stockhardt's  Chemistry.      The  Principles 

of  Chemistry,  illustrated  by  Simple  Experiments.  By  Dr. 
Julius  Adolph  Stockhardt,  Professor  in  the  Royal  Academj 
of  Agriculture  at  Tharand,  and  Royal  Inspector  of  Medicine 
in  Saxony.  Translated  by  C.  H.  Peirce,  M.  D.  Fifteenth 
Thousand Price  $1.96 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


CATALOGUE   OF    STANDARD   BOOKS. 


KeicPs  Essays  on  the  Intellectual  Powers  of 

Man.  Essays  on  the  Intellectual  Powers  of  Man.  By  Thomas 
Reid,  D.  D.,  F.R.S.E.  Abridged,  with  notes  and  illustrations 
from  Sir  William  Hamilton  and  others.  Edited  by  James 
Walker,  D.  D.,  President  of  Harvard  College.       Price  $1.31 

Stewart's   Philosophy  of  the  Active   and 

Moral  Powers  of  Man.  The  Philosophy  of  the  Active  and 
Moral  Powers  of  Man.  By  Dugald  Stewart,  F.R.SS.  Lond. 
and  Ed.  Revised,  with  omissions  and  additions,  by  James 
Walker,  D.  D.,  President  of  Harvard  College.       Price  $1.31 

Mitchell's    First    Lessons   in   Geography. 

First  Lessons  in  Geography ;  for  young  children.  Designed 
as  an  Introduction  to  the  author's  Primary  Geography.  By  S. 
Augustus  Mitchell,  author  of  a  Series  of  Geographical  Works. 
Illustrated  with  maps  and  numerous  engravings.    Price  $0.38 

Mitchell's  Primary  Geography.     An  Easy 

Introduction  to  the  study  of  Geography.  Designed  for  the 
instruction  of  children  in  Schools  and  Families.  Illustrated 
by  nearly  one  hundred  engravings  and  sixteen  colored  maps. 
By  S.  Augustus  Mitchell Price  $0.42 

Mitchell's  New  Intermediate   Geography. 

An  entirely  new  work.  The  maps  are  all  engraved  on  cop- 
per, in  the  best  manner,  and  brought  down  to  the  present 
date.  It  is  profusely  illustrated  with  beautiful  engravings, 
and  is  the  most  complete  quarto  Geography  ever  issued  in 
the  world .       Price  &1.12J 

Published  by  E.  H.  BUTLER  &  CO,,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS. 


Mitchell's   School   Geography   and   Atlas. 

New  Revised  Edition.  A  System  of  Modern  Geography, 
comprising  a  description  of  the  present  state  of  the  World, 
and  its  five  great  divisions,  America,  Europe,  Asia,  Africa, 
and  Oceanica,  with  their  several  Empires,  Kingdoms,  States, 
Territories,  etc.  Embellished  by  numerous  engravings. 
Adapted  to  the  capacity  of  youth.  Accompanied  by  an  Atlas 
containing  thirty-two  maps,  drawn  and  engraved  expressly 
for  this  work.     By  S.  Augustus  Mitchell.  .         Price  $1.20 

Mitchell's  Ancient  Geography  and  Atlas. 

First  Edition.  Designed  for  Academies,  Schools,  and  Fami- 
lies. A  System  of  Classical  and  Sacred  Geography,  embel- 
lished with  engravings  of  remarkable  events,  views  of  ancient 
cities,  and  various  interesting  antique  remains.  Together 
with  an  Ancient  Atlas,  containing  maps  illustrating  the  work. 
By  S.  Augustus  Mitchell.  ...  Price  $1.25 

Mitchell's   New  Ancient  Geography.     An 

entirely  new  work,  elegantly  illustrated.        .         Price  $1.13 

Mitchell's  Intermediate  Geography.     First 

Edition.  Intermediate  or  Secondary  Geography.  A  System 
of  Modern  Geography,  comprising  a  description  of  the  pre- 
sent state  of  the  World,  and  its  great  divisions,  illustrated 
by  more  than  forty  colored  maps,  and  numerous  wood-cut 
engravings.     By  S.  Augustus  Mitchell.      .         Price  $0.84 

Published  by  E.  E.  BUTLER  &  CO.,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS. 


Mitchell's    Geographical    Question    Book, 

comprising  Geographical  Definitions,  and  containing  ques- 
tions on  all  the  maps  of  Mitchell's  School  Atlas ;  to  which  is 
added  an  Appendix,  embracing  valuable  Tables  in  Mathe- 
matical and  Physical  Geography.  .         .         Price  $0.25 

Mitchell's  Biblical  Geography.      Sabbath 

School  Geography,  designed  for  instruction  in  Sabbath 
School  and  Bible  Classes,  illustrated  with  colored  maps  and 
wood-cut  engravings.  By  S.  Augustus  Mitchell.  Price  $0.75 

Smith's  English  Grammar.  English  Gram- 
mar on  the  Productive  System :  a  method  of  instruction  re- 
cently adopted  in  Germany  and  Switzerland.  Designed  for 
Schools  and  Academies.    By  Roswell  C.  Smith.     Price  $0.25 

Comstock's  Elocution.  A  System  of  Elo- 
cution, with  special  reference  to  Gesture,  to  the  treatment 
of  Stammering  and  Defective  Articulation ;  comprising 
numerous  diagrams  and  engraved  figures  illustrative  of  the 
subject.  By  Andrew  Comstock,  M.  D.,  Principal  of  the 
Vocal  and  Polyglott  Gymnasium.  Twentieth  edition,  en- 
larged  Price  $1.00 

Flanders's    Constitution    of    the    United 

States.  An  Exposition  of  the  Constitution  of  the  United 
States.  Designed  as  a  Manual  of  Instruction.  By  Henry 
Flanders,  author  of  "  The  Lives  and  Times  of  the  Chief 
Justices,"  etc Price  $0.84 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS. 


Hart's  Constitution  of  the  United  States. 

A  Brief  Exposition  of  the  Constitution  of  the  United  States, 
for  the  use  of  Common  Schools.  By  John  S.  Hart,  LL.  D., 
Principal  of  the  Philadelphia  High  School,  and  Professor  of 
Moral,  Mental,  and  Political  Science  in  the  same.    Price  $0.30 

Hart's  English  Grammar.  English  Gram- 
mar, or  An  Exposition  of  the  Principles  and  Usages  of  the 
English  Language.  By  John  S.  Hart,  A.  M.,  Principal  of 
the  Philadelphia  High  School,  and  Member  of  the  American 
Philosophical  Society.  ....        Price  $0.34 

Hart's  Class  Book  of  Poetry.     Class  Book 

of  Poetry,  consisting  of  Selections  from  Distinguished 
English  and  American  Poets,  from  Chaucer  to  the  present 
day.  The  whole  arranged  in  chronological  order,  with  Bio- 
graphical and  Critical  Remarks.  By  John  S.  Hart,  LL.  D., 
Principal  of  the  Philadelphia  High  School.    .         Price  $0.84 

Hart's  Class  Book  of  Prose.     Class  Book 

of  Prose,  consisting  of  Selections  from  Distinguished  English 
and  American  Authors,  from  Chaucer  to  the  present  day. 
The  whole  arranged  in  Chronological  order,  with  Bio- 
graphical and  Critical  Remarks.  By  John  S.  Hart,  LL.  D., 
Principal  of  the  Philadelphia  High  School.    .         Price  $0.84 

Coleman's    Historical    Geography  of    the 

Bible.  An  Historical  Geography  of  t*he  Bible.  By  Rey. 
Lyman  Coleman.  Illustrated  by  maps,  from  the  latest  and 
most  authentic  sources,  of  various  countries  mentioned  in  the 
Scriptures.     New  edition,  with  additions.      .         Price  $1.25 

Published  by  E.  H.  SUTLER  &  CO.,  Philadelphia. 


8  CATALOGUE  OF  STANDARD  BOOKS.        » 

Angell's  Reader,  No.  1.     The  Child's  First 

Book:  containing  Easy  Lessons  in  Spelling  and  Reading. 
Being  the  first  of  a  series,  complete  in  six  numbers.  By 
Oliver  Angell,  A.M.,  Principal  of  the  Franklin  High 
School,  Providence.     New  Edition.        .         .         Price  $0.08 

Angell's  Reader,  No.  2.   The  Child's  Second 

Book:  containing  Easy  Lessons  in  Spelling  and  Reading. 
Being  the  second  of  a  series,  complete  in  six  numbers.  By 
Oliver  Angell,  A.  M.,  Principal  of  the  Franklin  High 
School,  Providence.     New  Edition.        .         .         Price  $0.14 

Angell's  Reader,  No.  3.     The  Child's  Third 

Book:  containing  Easy  Lessons  in  Spelling  and  Reading. 
Being  the  third  of  a  series,  complete  in  six  numbers.  By 
Oliver  Angell,  A.M.,  Principal  of  the  Franklin  High 
School,  Providence.     New  Edition.        .         .         Price  $0.17 

Angell's  Reader,  No.  4.    The  Child's  Fourth 

Book:  containing  Easy  Lessons  in  Spelling  and  Reading. 
Being  the  fourth  of  a  series,  complete  in  six  numbers.  By 
Oliver  Angell,  A.M.,  Principal  of  the  Franklin  High 
School,  Providence.     New  Edition.        .        .         Price  $0.30 

Angell's   Eeader,  No.  5.      Angell's   Fifth 

Reader:  containing  Lessons  in  Reading  and  Spelling.  Being 
the  fifth  of  a  series,  complete  in  six  numbers.  By  Oliver 
Angell,  A.M.,  Principal  of  the  Franklin  High  School, 
Providence.     New  Edition Price  $0.50 

Published  by  E.  E.  BttTLES  &  CO.,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS.  9 

Angell's  Header,  No.  6.    The  Select  Header : 

designed  for  the  higher  classes  in  Academies  and  Schools. 
Being  the  sixth  and  last  of  the  series.  By  Oliver 
Angell,  A.M.,  Principal  of  the  Franklin  High  School, 
Providence.     New  Edition Price  $0.75 

Kendall's  Uranography.    Uranography ;  or 

a  Description  of  the  Heavens,  designed  for  the  use  of  Schools 
and  Academies ;  accompanied  by  an  Atlas  of  the  Heavens, 
showing  the  Places  of  the  Principal  Stars,  Clusters,  and 
Nebulae.  By  E.  Otis  Kendall,  Professor  of  Mathematics 
and  Astronomy  in  the  University  of  Pennsylvania,  and  Mem- 
ber of  the  American  Philosophical  Society.  The  Uranogra- 
phy contains  365  pages,  12mo.,  with  9  fine  engravings.  The 
Atlas  is  in  4to.,  and  contains  18  large  maps.  Price  $1.5C 

Fleming  and  Tibbins'  Pronouncing  French 

and  English,  and  English  and  French  Dictionary,  abridged. 
A  New  and  Complete  French  and  English,  and  English  and 
French  Dictionary,  on  the  basis  of  the  Royal  Dictionary, 
English  and  French,  and  French  and  English.  By  Professor 
Fleming,  formerly  Professor  of  English  in  the  College  Louis 
le  Grand,  and  Professor  Tibbins,  Professor,  and  author  of 
several  lexicographical  works.  With  Complete  Tables  of  the 
Verbs,  on  an  entirely  new  plan,  to  which  the  verbs  through- 
out the  work  are  referred.  By  P.  W.  Gengembre,  Professor 
of  Foreign  Languages  in  the  Girard  College.  The  whole 
prepared  by  J.  Dobson,  Member  of  the  American  Philoso- 
phical Society,  of  the  Academy  of  Natural  Sciences  of  Phila- 
delphia, etc.,  etc.  .         .         .         .         .        Price  $1.13 

Published  by  E.  H.  BtlTLEE  &  CO.,  PbiladelpMa. 


10  CATALOGUE  OF  STANDARD  BOOKS. 

Fleming  and  Tibbins  French  and  English, 

and  English  and  French  Dictionary.  8vo.  fine  sheep.  A 
New  and  Complete  French  and  English,  and  English  and 
French  Dictionary,  on  the  basis  of  the  Royal  Dictionary, 
English  and  French,  and  French  and  English.  By  Professor 
Fleming,  formerly  Professor  of  English  in  the  College  of 
Louis  le  Grand,  and  Professor  Tibbins,  author  of  several 
lexicographical  works.  With  Complete  Tables  of  the  Verbs, 
on  an  entirely  new  plan,  to  which  the  verbs  throughout  the 
work  are  referred.  By  P.  W.  Gengembre,  Professor  of 
Foreign  Languages  in  Girard  College.  The  whole  prepared, 
with  the  addition,  in  their  respective  places,  of  a  very  great 
number  of  Terms  in  the  Natural  Sciences,  Chemistry,  Medi- 
cine, etc.,  etc.,  which  are  not  to  be  found  in  any  other  French 
and  English  Dictionary,  by  J.  Dobson,  Member  of  the  Ame- 
rican Philosophical  Society,  of  the  Academy  of  Natural 
Sciences,  etc.,  etc.  New  edition,  revised  and  corrected. 
1  vol.  8vo Price  $3.00 

Nugent' s  French  and  English  Dictionary. 

A  New  Pocket  Dictionary  of  the  French  and  English  Languages, 
in  two  parts:  1.  French  and  English  ;  2.  English  and  French. 
Containing  all  the  words  in  general  use,  and  authorized  by 
the  best  writers.     By  Thomas  Nugent,  LL.  D.       Price  $0.62 

Porney's   Syllabaire   Francais,  or  French 

Spelling  Book.  Revised,  corrected,  and  improved, with  the  ad- 
dition of  the  most  necessary  verbs,  adjectives,  and  idiomatical 
phrases  alphabetically  arranged.  By  J.  Meier,  late  Professor 
of  French  and  German  in  Yale  University.     .         Price  $0.34 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS.  11 

Geographie    Elementaire    a    riTsage    des 

Ecoles  et  des  Families.  IllustrSe  par  15  cartes  et  30  Grav- 
ures.     Par  Peter  Parley Price  $0.60 

Histoire  des  Etats  Urns  d'Amerique,  avec 

Notices  des  autres  parties  du  Nouveau  Monde.  Par  Samuel 
G.  Goodrich Price  $0.94 

Petite  Histoire  Universelle  a  l'TTsage  des 

Ecoles  et  des  Families.     Par  S.  G.  Goodrich.       Price  $0.94 

Philosophie   Proverbiale.     Par  Martin  F. 

Tupper,  Docteur  en  Droit,  et  Membre  de  la  Socidte  Royale. 
Traduite  en  Francais  d'apres  la  Dixieme  Edition,  par 
George  Metivier.  Revu  et  corrige  par  F.  A.  Bregy,  Pro- 
fesseur  de  Francais  a  la  Haute  Ecole  Centrale  de  Phila- 
delphie Price  $0.75 

Donnegan's  Greek  and   English  Lexicon. 

A  New  Greek  and  English  Lexicon,  on  the  plan  of  the  Greek 
and  German  Lexicon  of  Schneider  ;  the  words  alphabetically 
arranged — distinguishing  such  as  are  poetical,  of  dialectic 
variety,  or  peculiar  to  certain  writers  and  classes  of  writers ; 
with  Examples,  literally  translated,  selected  from  the  classical 
writers.  By  James  Donnegan,  M.  D.,  of  London.  Revised 
and  enlarged  by  Robert  B.  Patton,  Professor  of  Ancient 
Languages  in  the  College  of  New  Jersey  ;  with  the  assistance 
of  J.  Addison  Alexander,  D.  D.,  of  the  Theological  Seminary 
at  Princeton.     1  vol.  8vo.  1400  pp.         .         .         Price  $3.00 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


12  CATALOGUE  OF  STANDARD  BOOKS. 

Becker's   Book-Keeping.      A  Treatise   on 

the  Theory  and  Practice  of  Book-keeping  by  Double  Entry. 
Designed  to  elucidate  the  Principles  of  the  Science,  and 
impart  a  knowledge  of  the  forms  observed  by  Practical 
Accountants,  in  the  various  departments  of  business.  By 
George  J.  Becker,  Professor  of  Drawing,  Writing,  and 
Book-keeping  in  the  Girard  College.       .         .         Price  $1.00 

Becker's  Book-Keeping.    Blanks.     Second 

Series .         Price  $0.94 

Third  Series 0.75 

Fourth  Series 1.00 

Becker's   System   of   Book-Keeping.       A 

Complete  and  Practical  System  of  Double  Entry  Book-keep- 
ing, containing  three  sets  of  Books,  illustrative  of  the  forms, 
arrangements,  and  uses  of  all  the  principal  and  auxiliary 
books  employed  in  the  various  kinds  of  mercantile,  mecha- 
nical, and  professional  pursuits,  designed  as  a  Key  to  Becker's 
Treatise  on  the  Theory  and  Practice  of  Book-keeping,  and  as 
a  Guide  for  Teachers  and  Accountants ;  to  which  is  added  a 
complete  set  of  Practical  Business  Forms,  including  the  most 
important  in  use  by  Forwarding  and  Commission  Houses,  a 
number  of  miscellaneous  forms  adapted  to  various  kinds  of 
business,  Abbreviated  Journal  Forms,  Executors'  and  Admi- 
nistrators'Accounts,  &c.    By  George  J.  Becker.     Price  $1.50 

Booth's  Phonographic  Instructor.      Being 

an  Introduction  to  the  Compounding  Style  of  Phonography. 
By  James  C.  Booth.     A  new  edition.     .         .        Price  $0.37 

Publish^  by  E.  H.  BtTTLEB  to  CO.,  Philadelphia. 


CATALOGUE  OP  STANDARD  BOOKS.  13 

Green's  Gradations  in  Algebra.  Grada- 
tions in  Algebra,  in  which  the  first  Principles  of  Analysis  are 
inductively  explained,  illustrated  by  copious  exercises,  and 
made  suitable  for  Primary  Schools.  By  Richard  W. 
Green,  A.M.,  author  of  "Arithmetical  Guide,"  "Little 
Reckoner,"  etc Price  $0.62 

The   Scholar's   Companion.         Containing 

Exercises  in  Orthography,  Derivation,  and  Classification  of 
English  Words.  Revised  Edition,  with  an  Introduction  and 
Copious  Index.     By  Rufus  W.  Bailey.  .         Price  $0.60 

Walker's  Pronouncing  Dictionary.  A  Cri- 
tical Pronouncing  Dictionary  and  Expositor  of  the  English 
Language.  To  which  is  annexed  a  Key  to  the  Classical  Pro- 
nunciation of  Greek,  Latin,  and  Scripture  Proper  Names,  &c. 
By  John  Walker Price  $1.12 J 

Mann  &  Chase's  Primary  Arithmetic,  Part 

1.  The  Primary  School  Arithmetic  ;  designed  for  Beginners. 
Containing  copious  Mental  Exercises,  together  with  a  large 
number  of  Examples  for  the  Slate.  By  Horace  Mann,  LL.D., 
and  Pliny  E.  Chase,  A.M.,  authors  of  "Arithmetic  Practi- 
cally Applied." Price  $0.25 

Mann  &  Chase's  Arithmetic,  Part  2.     The 

Grammar  School  Arithmetic ;  containing  much  valuable 
Commercial  Information,  together  with  a  system  of  Integral, 
Decimal,  and  Practical  Arithmetic,  so  arranged  as  to  dispense 
with  many  of  the  ordinary  rules.  By  Horace  Mann  and  Pliny 
E.  Chase,  authors  of  "  Primary  Arithmetic."       Price  $0.62 J 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


14         CATALOGUE  OF  STANDARD  BOOKS. 

« 

Mann    &    Chase's    Arithmetic,     Part    3. 

Arithmetic  Practically  Applied,  for  Advanced  Pupils,  and  for 
Private  Reference,  designed  as  a  Sequel  to  any  of  the  ordi  • 
nary  Text-Books  on  the  subject.  By  Horace  Mann,  LL.D., 
the  First  Secretary  of  the  Massachusetts  Board  of  Education, 
and  Pliny  E.  Chase,  A.M.    .         .         .         .         Price  $1.00 

Historia  Sacra,     Epitome  Historic  Sacrse ; 

with  a  Dictionary  containing  all  the  Words  found  in  the 
Work Price  $0.38 

Viri  Bomae.     Viri  Illustres  Urbis  Romae ; 

to  which  is  added  a  Dictionary  of  all  the  Words  which  occur 
in  the  Book.  ......         Price  $0.40 

Coates's  School  Physiology.      First  Lines 

of  Physiology ;  "being  an  Introduction  to  the  Science  of  Life, 
written  in  popular  language,  designed  for  the  use  of  Common 
Schools,  Academies,  and  General  Readers.  By  Reynell 
Coates,  M.D.,  author  of  "  First  Lines  of  Natural  Philosophy." 
Sixth  edition,  revised,  with  an  Appendix.      .         Price  $1.00 

Parke's  Arithmetic.    Parke's  Farmers'  and 

Mechanics'  Practical  Arithmetic.  Revised  and  improved 
edition.     By  Uriah  Parke.  .        .        .        Price  $0.34 

Parke's   Key  to   Parke's    Farmers',    Mer- 
chants', and  Mechanics'  Practical  Arithmetic.       Price  $0.45 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


CATALOGUE  OF  STANDARD  BOOKS.         15 

Hurd's  Grammatical  Corrector.  A  Gram- 
matical Corrector,  or  Vocabulary  of  the  Common  Errors  of 
Speech :  being  a  collection  of  nearly  two  thousand  bar- 
barisms, cant  phrases,  colloquialisms,  quaint  expressions, 
provincialisms,  false  pronunciations,  perversions,  misappli- 
cation of  terms,  and  other  kindred  errors  of  the  English 
Language,  peculiar  to  the  different  States  of  the  Union. 
The  whole  explained,  corrected,  and  conveniently  arranged, 
for  the  use  of  Schools  and  Private  Individuals.  By  Seth  T. 
Hurd Price  $0.34 

Young's  Algebra.    An  Elementary  Treatise 

on  Algebra,  Theoretical  and  Practical;  with  attempts  to 
simplify  some  of  the  more  difficult  parts  of  the  Science, 
particularly  the  Demonstration  of  the  Binomial  Theorem  in 
its  most  general  form  ;  the  Summation  of  Infinite  Series  ;  the 
Solution  of  Equations  of  the  Higher  Order,  &c,  for  the  use 
of  Students.  By  J.  R.  Young,  Professor  of  Mathematics  in 
the  Royal  College,  Belfast Price  $1.25 

Young's  Geometry.  Elements  of  Geome- 
try, with  Notes.  By  J.  R.  Young,  author  of  "  An  Elementary 
Treatise  on  Algebra."  Revised  and  corrected,  with  Additions, 
by  M.  Floy,  Jr.,  A.B Price  $1.25 

Young's  Analytical  Geometry.  The  Ele- 
ments of  Analytical  Geometry  ;  comprehending  the  Doctrine 
of  Conic  Sections,  and  the  General  Theory  of  Curves  and 
Surfaces  of  the  second  order,  intended  for  the  use  of  Mathe- 
matical Students  in  Schools  and  Universities.  By  J.  R.  Young. 
Revised  and  corrected  by  John  D.  Williams.         Price  $1.25 

Published  by  E.  H.  BUTLER  &  CO.,  Philadelphia. 


16  CATALOGUE  OF  STANDARD  BOOKS. 


Young  s  Plane  and  Spherical  Trigonometry. 

Elements  of  Plane  and  Spherical  Trigonometry,  with  its 
application  to  the  Principles  of  Navigation  and  Nautical 
Astronomy  ;  with  the  Logarithmic  and  Trigonometrical 
Tables.  By  J.  R.  Young.  To  which  are  added  some  Origi- 
nal Researches  in  Spherical  Geometry,  by  T.  S.  Davies, 
F.R.S.E.,  F.R.A.S.,  &c.  Revised  and  corrected  by  John  D. 
Williams Price  $1.25 

Youngs   Mechanics.       The   Elements  of 

Mechanics  ;  comprehending  Statics  and  Dynamics,  with  a 
Copious  Collection  of  Mechanical  Problems,  intended  for  the 
use  of  Mathematical  Students  in  Schools  and  Universities. 
With  Numerous  Plates.  By  J.  R.  Young.  Revised  and  cor- 
rected by  John  D.  Williams.         .         .         .         Price  $1.25 

Rand's  Copy-Books. 

By  an  arrangement  with  Mr.  B.  H.  Rand,  we  shall  hereafter 
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